Car Accident Due To A Malfunction: Who Is Liable?
Thousands of road users become victims of personal injury after being involved in a car accident every year, which can have serious impacts on the victims’ lives. Car crashes also involve financial costs to those involved and potential prosecution, depending on the severity of the accident and the level of negligence. Evidently, no one wants to take the blame for a collision, which is why those involved tend to blame each other, and rarely anyone takes responsibility.
More often than not, these cases end up in court so that the judicial system can review all the available evidence and decide on who should take the blame. In the majority of cases, an accident is caused by a careless and negligent driver, although this is not always the case. In certain situations, vehicles suffer severe malfunctions whilst on the road, which can result in accidents. In these scenarios, it may be challenging to decide who is responsible. This article will discuss liability in car accidents caused by a malfunction.
Vehicle Fault
Most cases of road collisions are a result of carelessness and recklessness from the driver. Driving under the influence of drugs and/or alcohol as well as going over the speed limit are some of the contributing factors linked to car accidents in which the driver is at fault. However, in a few cases, the vehicle is faulty, and the damage stops it from working adequately on the road, which can cause an accident. Some faults can be due to poor manufacturing or simply due to poor roadworthiness.
A personal injury attorney specializing in vehicular accidents involving vehicle faults investigates to determine liability and pursues compensation for their client’s injuries and damages. They analyze with automotive experts to identify negligence, whether from the manufacturer, parts supplier, or maintenance provider and develop a tailored legal strategy. Advocating for their client’s rights, they represent them in negotiations or court, aiming to secure fair compensation for medical expenses, lost wages, and pain and suffering, ensuring justice for the harm suffered due to the vehicle’s fault.
Manufacturer Fault
In some cases, vehicles are faulty from the start, as parts are poorly assembled or there are specific issues. The manufacturers can often identify issues with cars and recall them. In these circumstances, they will contact the owner directly. However, this does not happen every time. If a vehicle is faulty due to poor manufacturing, the manufacturer will be liable for the accident. A manufacturing fault should be discovered by a qualified mechanic after the accident if this is the case.
Driver’s Fault
It is always the driver’s responsibility to take care of the vehicle and ensure that it is safe to use on the road. This is why every vehicle must pass an annual inspection. However, not every driver is aware of ongoing damage to their vehicle, and some may not realize it until it is too late. If your brakes are worn, for example, the driver will be liable for the accident if this was a contributing factor.
Mechanic’s Fault
As mentioned above, every vehicle must pass an annual inspection so that it is safe to be on the road. This should be conducted by a qualified mechanic, and they will need to have the appropriate registration to provide you with a certificate to confirm road safety. If the mechanic misses an existing fault with your vehicle and allows the car to be on the road, they could be liable if you are involved in a car accident due to a malfunction.
What Can I Do to Avoid This?
● Have a Lawyer at Hand
Having a legal expert may not necessarily help you prevent a car accident, however, it will help you guide on what to do if you find yourself in this situation. The legal mavens at Lichtenstein Law Group recommend getting in contact with an attorney as soon as possible after an accident so that you can get the appropriate support. You may feel lost and not knowing what to do after experiencing such a traumatic experience, particularly if there have been victims injured as a result. Having a lawyer on your side will help you feel at ease and enable you to focus on other aspects of your life whilst the professionals deal with the legal process.
When choosing a lawyer for a car accident caused by a malfunction, consider their experience, expertise in personal injury and product liability law, reputation, available resources, communication style, personalized approach, initial consultation, and fee structure. Look for an attorney with a good track record in similar cases, positive reviews, and clear communication. Ensure they have the necessary resources and offer a fee structure that works for you.
● Attend Regular Revisions for Your Vehicle
You must take your vehicle for the required inspections by a professional, qualified mechanic. Make sure that you trust the professional and that they check things thoroughly and that they provide you with the official certificate to confirm this has been done.
When selecting a mechanic for vehicle inspections, prioritize qualifications, experience, reputation, and specialization. Ensure the mechanic is certified, experienced with your vehicle type, and has a positive reputation for honesty and quality work. Visit their facility to assess cleanliness and equipment quality and prioritize clear communication and transparency about inspection findings and pricing.
● Have Basic Understanding of Mechanics
Not everyone will have a great amount of knowledge of mechanics, however, having basic knowledge is beneficial. This is so that you can ensure that your vehicle is safe to drive before every trip (checking oil levels, for example) or to identify when something, such as strange noise, maybe an issue that needs fixing before it worsens.
If you have been involved in an accident after your vehicle has malfunctioned, it may not entirely be your fault, as there are a range of factors that go into this. The information above should provide you with an idea of who could be liable if a car accident was caused due to a malfunction.
