Although it is a known fact that the vast majority of car accidents in the U.S. are caused by driver error, there are many motor vehicle collisions caused by poor vehicle maintenance. However, when an improperly maintained car causes a crash, the driver of that vehicle may still be held liable for any resulting damages and losses.
Other liable parties may include the car manufacturer, auto mechanic, and others. Obviously, in cases where poor vehicle maintenance is the result of the driver’s negligence or carelessness, the injured party will most likely be able to recover damages from the negligent or careless driver.
When liability is not clear, on the other hand, consulting with a Philadelphia poor vehicle maintenance attorney is highly advised to establish fault and build a strong legal case. Here at The Law Offices of Greg Prosmushkin, P.C., our skilled auto accident lawyers can provide you with legal assistance, determine the value of your damages, and protect your rights when dealing with insurance companies.
Liability in poor vehicle maintenance accidents
When you get into a car accident and the other driver blames it on some manufacturing defect or maintenance issue in his or her vehicle, you may be offered a low-ball settlement offer to cover your medical expenses, lost wages, and other damages only partially.
Our experienced poor vehicle maintenance attorney in Philadelphia warns you against accepting settlement offers from insurance companies before you know how much your case is worth. If the other driver says that the car crash was a result of some “maintenance issue” in his or her vehicle it is worth investigating whether the other motorist’s words are true or false.
More often than not, in order to hold the other driver liable for your damages, your car accident lawyer will have to check if the other driver:
- Was aware or should have been aware of the maintenance issue and the risk of causing a motor vehicle accident or
- Failed to regularly inspect and properly maintain his or her vehicle to not endanger the lives of other motorists, passengers, pedestrians, bicyclists, motorcyclists, and others
Are you at fault if your vehicle caused the crash?
A motorist is required to make mandatory safety inspections and conduct maintenance, if necessary, once every 12 months. If an inspection shows that something in the vehicle is faulty, defective, worn-out, or is otherwise unsafe and needs to be either replaced or repaired, the driver of that vehicle has a legal duty to perform automobile maintenance, as necessary, to ensure that the vehicle will not endanger the motorist and other drivers and passengers the motorist shares the road with.
If the motorist fails to maintain his or her vehicle in a safe condition, and ends up causing a car accident as a result, that motorist will be exposed to personal injury liability. There are many maintenance issues that can cause a driver to lose control of the vehicle and result in a motor vehicle collision. These issues include but are not limited to:
- Worn-out, faulty, and defective brake pads
- Problems with the tires, including under inflation, over inflation, bald tires, and others
- Steering issues
- Faulty suspension system
- Faulty or improperly maintained belts, pumps, or fluids
- Problems with the battery
- Running low on antifreeze, coolant, or others
- Defective lights or wipers and
- Bad air filter
Let our Philadelphia car maintenance accident lawyer from The Law Offices of Greg Prosmushkin, P.C., investigate your case and determine whether you are eligible to recover damages if the accident was caused by a vehicle maintenance issue. Call our offices at 215-543-7220.
This content was written on behalf of an experienced Philadelphia car accident attorney Greg Prosmushkin.