Sen. Richard Blumenthal called for GM to not hide behind liability protection afforded it from its bankruptcy filing in 2009.

After a federal judge declined to issue a “park it now” order to General Motors, lawyers representing the families of GM recall victims are now attempting to convince the federal government to do so.

The lawyers, victims and their families are preparing to submit a petition to the National Highway Traffic Safety Administration (NHTSA) asking the agency to order GM to park all 2.6 million vehicles that are part of the faulty ignition switch recall.

“We were disappointed with the court’s decision in this matter,” said Thomas Henry, a Texas-based attorney involved in the case, in a release. “We have hundreds of clients who experienced this fatal defect firsthand, some who were injured in accidents after the recall notice was issued. We have also been hired by numerous families who lost loved ones and individuals who were seriously injured since the ‘Park It’ litigation began.”

GM has acknowledged there have been 31 injuries and 13 deaths attributable to the faulty ignition switch issue; however, the plaintiffs lawyers are claiming additional injuries since the original motion was filed on March 28. NHTSA has not changed its numbers, which mirror those from GM.

In her decision, Judge Nelva Gonzales Ramos essentially told the plaintiffs to go to NHTSA to pursue the “Park It Now” order.

“The court is of the opinion that NHTSA is far better equipped than this Court to address the broad and complex issues of automotive safety and the regulation of automotive companies in connection with a nationwide recall.”

The lawsuit was supported by several lawmakers, most notably Sen. Richard Blumenthal (D-Conn.), who has advocated for such a move since April 1. He repeated his advocacy of that position during his questioning of GM’s CEO Mary Barra during her appearance before a Senate subcommittee hearing on April 2. He was unhappy with the judge’s decision.

“The court’s unfortunate decision denying protective action is all the more reason that GM should do the right thing now – voluntarily and strongly warn drivers to avoid using recalled vehicles until repairs make them safe,” he said in a statement. “GM has no reason to rejoice in this partial and premature victory, because its customers remain at risk, and its legal responsibility for future harm is only higher. Rather than celebrating, GM should show its new safety culture by expediting repairs and taking true ownership of this continuing challenge.”

He took things a step further by calling on GM to stop asking for protection from the bankruptcy courts.

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“I call on GM to abandon reliance on its supposed shield from legal responsibility for past damage and to take strong preventive action going forward,” he said. “In the meantime, I hope that NHTSA will be more proactive and protective of consumers as the recall process continues.”

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As part of its bankruptcy deal in 2009, GM was granted immunity from product liability issues of vehicles produced before the filing. Typically this is standard language; however, the court can change the decision if it is determined GM knew it had this problem and inserted the language specifically to skirt this issue.

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In February and March, GM recalled 2.59 million vehicles for faulty ignition switches. GM has said the vehicles are tied to 31 injuries and 13 deaths. The maker maintains the vehicles are safe to drive as long as the drivers use just the ignition key. In fact, Barra said she would let her son drive one of the vehicles without reservation as along as he followed the recommendation.