More often than not, whenever we get into a car accident and the other driver is trying to put the blame onto the auto manufacturer or auto mechanic for selling a defective vehicle or failing to properly inspect and maintain a vehicle, respectively, our first response is, “Yeah, right, why don’t you just get a grip and assume responsibility?”
However, it is true that in some cases, car accidents can be caused by poor vehicle maintenance, the driver whose vehicle was improperly maintained may still be held liable for the resulting injuries if the injured party can prove that this driver (a) was aware of the maintenance issue and failed to repair or replace it in a timely manner, or (b) failed to regularly inspect and maintain his or her vehicle, as required by Pennsylvania law.
“If your car accident was caused by poor vehicle maintenance and you can prove that the driver of that vehicle was negligent or careless, which ultimately caused the crash, you may be able to sue that driver,” explains our Philadelphia poor vehicle maintenance accident attorney at Dan Doyle Law Group. In some instances, the driver can be held partially responsible for causing the crash, while the auto manufacturer or mechanic will also share liability.
Since it will be much easier to recover damages from the driver of the vehicle that was not properly maintained than from an auto manufacturer or mechanic, you will have to investigate the real cause of your car crash even if the other driver makes a puppy face and tells you that it was beyond his or her control.
You will most likely need to seek legal advice from an experienced poor vehicle maintenance accident attorney in Philadelphia or elsewhere in Pennsylvania to gather sufficient evidence proving one of the following theories:
The motorist was aware or should have been aware of a maintenance issue in his or her vehicle and the risk of getting into a motor vehicle collision or
The motorist did not routinely inspect his or her vehicle and failed to maintain it properly to not endanger others.
More often than not, a motorist can be held responsible for failure to properly inspect and maintain his or her vehicle if that driver did not conduct safety inspections at least once every 12 months. If a safety inspection identifies a maintenance issue, the driver has a legal duty to repair or replace worn-out, broken, damaged, faulty, defective, or otherwise unsafe parts and components in the vehicle.
Failure to do so exposes a motorist to the increased risk of causing a car accident, and, as a result, exposes that driver to a potential personal injury lawsuit if the accident causes bodily injury due to the driver’s failure to properly maintain the vehicle.
You may be able to seek compensation in the event of a motor vehicle accident caused by poor vehicle maintenance if your car crash involved any of the following issues:
This is a short list of auto maintenance issues that may cause a car accident just to give you an idea of what constitutes a vehicle maintenance issue. In a nutshell, you may be able to sue a motorist in the event of a car crash caused by improper vehicle maintenance if the driver had a failure or warning indicating that maintenance was needed or if the driver failed to routinely inspect the vehicle, which made it possible to identify maintenance issues.