It’s normal to try and blame a driver for a car crash. Whether it’s texting, drunk driving, lack of sleep, or simple lack of attention, thousands of crashes every day are caused by drivers who engage in unsafe behavior.
But some car accidents really are just that: Accidents, where neither driver is at fault. Every year, countless crashes are caused by mechanical failures: A worn-out brake, blown-out tire, or even a faulty windshield wiper at the wrong time can result in a crash, injuries, and death.
Sometimes, these failures really are just acts of God (or your deity of choice). But not always. In many cases, they are the result of prior negligence. If that negligence hurt you or a loved one, then you have a real chance at being compensated for your suffering.
Auto Shop Liability
A car’s mechanical failure may be caused partly, or entirely, by faulty service. A technician may have used a defective part, performed a repair incorrectly, or accidentally damaged the car while working on it.
If you’re in an accident caused by a car malfunction, it may be worth having the car inspected more thoroughly. If a post-accident investigation reveals that an auto shop’s mistake caused the problem, then the shop can be held liable. Many chain auto shops, and even some independent mechanics, have insurance specifically to cover mistakes of this nature.
Manufacturer Liability
It’s also possible for a car malfunction to be the work of the car’s original manufacturer. Sometimes a car is botched on the assembly line. Sometimes, the flaw goes all the way back to the drawing board, when a manufacturer chose to produce an inherently dangerous car. In either case, this turns your car crash into a product liability case. It’s possible to file a claim and hold the manufacturer liable.
Unfortunately, holding an automaker liable for its negligence can be a challenge. Proving factory damage can be difficult, and even when bad design causes a crash, if the flaw has already been the subject of a recall, the manufacturer can skirt responsibility. Depending on factors like how long the recall has been public, liability may instead shift to the driver. And that leads to a third possibility:
Driver Liability
Just because another driver’s car malfunctioned, doesn’t mean he can’t be held liable for the accident. Here, knowledge is critical. Maybe the driver knew his headlights were prone to flickering, but never had them checked. Maybe he received a recall notice, but never had the faulty part replaced. There are plenty of other possibilities. As long as a driver knew about his car’s problems, but didn’t fix them, he can be held liable in court when an accident finally happens.
If You’ve Been In Accident
If you’ve been injured in a car crash caused by mechanical failure, or any other crash, contact the law offices of M.R. Parker Law, PC at (818) 334-5711. Our consultations are free, and we take almost every case on contingency: That means you pay us nothing, and we only get money if you get money.
