When you are involved in a car accident, depending on the circumstances, you might believe that the other driver is responsible for what happened. However, in other cases, it may happen that you quickly lose control of the car and roll down an embankment simply due to a mechanical failure and there is not even another driver involved. If it is determined that mechanical failure is what caused the accident, you might be feeling lost as to how to proceed. How do you get compensation for your injuries and losses? And what about a situation where the mechanical failure of your own car causes you to smash into another vehicle? You certainly don’t want to be held liable for any injuries or damage to someone else’s property.
In what cases would you be legally liable for injuries and losses caused by your vehicle due to a mechanical failure?
According to the attorney site fasigbrooks.com, there are some cases, you may actually be responsible even though the accident might have occurred due to a mechanical failure. These are mainly accidents that take place because you failed to maintain your car or maybe there was a recall and you either ignored it or forgot all about it and did not get it taken care of. That is why it is so important to accurately determine the reasons why the mechanical failure happened.
In the end, it may be determined that it was the vehicle manufacturer or the mechanic who services the car who is found to be legally liable for the accident.
How can the car manufacturer be at fault?
The products that the car manufacturer designs and produces are, by definition, potentially dangerous. Strict liability in these cases means that the victims are not obligated to show how or why the car maker failed in its duty when manufacturing the vehicle.
Failing to provide users with specific instructions on how to use their vehicles may also make them liable or when there are defects due to poor vehicle design. Other accidents may be the result of the malfunction of the vehicle, to the point that even the driver of the car that malfunctions may be considered a victim of the crash.
When is the mechanic at fault?
It is expected that a mechanic should be qualified to perform their jobs, using reasonable skill and diligence. Proving that a faulty repair is what caused the accident is more than just uncovering a faulty or defective part, a link between the mechanic’s performance and the accident must be present. This could be the result of inexperience, insufficient training, or inattention to the task at hand.
When is the driver at fault?
If you drive a vehicle, you know that it is up to you to take reasonable steps to make sure that the car works as it should. Routine maintenance should be performed, and if you notice something in the daily use of your car, you should get it fixed. You may be found liable if these actions are not carried out when they should.
Image via Pixabay