Maintaining a vehicle is an important duty of drivers who own their cars. When a vehicle is properly maintained, it is far less likely to experience a critical malfunction in the course of operating it. When a vehicle is improperly maintained, it is far more likely that a mechanical or parts failure will occur in the course of operation. Vehicle malfunctions can cause a driver to lose control of the vehicle, increasing the odds of a collision exponentially.
While accidents stemming from a parts malfunction are sometimes the responsibility of the failed part’s manufacturer, or even the mechanic who installed the part, it is also quite common for the fault to lie with the driver and owner. Drivers often have some form of warning that a breakdown is imminent – rarely do these accidents occur entirely unexpectedly. If you have been injured in a car accident involving a vehicle parts malfunction, you may be entitled to compensation. An attorney can help you decide how best to proceed with a claim.
Drivers Have a Duty to Maintain Their Vehicles to Prevent an Accident
Drivers very commonly have notice that their vehicle is in need of maintenance. Whether the check engine light is on, an ominous noise can be heard emitting from the engine, or their tire treads have begun to shrink down, a responsible driver would have their vehicle checked by a mechanic to determine whether it is safe to dive or in need of essential maintenance. Not all maintenance concerns render a vehicle unsafe, but the important thing is to discover whether the problem observed is one of them.
Even neglecting routine maintenance tasks can cause a serious, dangerous problem to go unnoticed. Safety issues are often caught in the course of routine maintenance.
When a driver becomes aware that a part of their vehicle is in need of replacement or service, they should also know that there are risks associated with continuing to drive the vehicle without having the maintenance performed. Driving on a bald tire or the wrong type of tire for the vehicle can lead to a tire blowout or detachment. Driving with old or damaged brakes creates a risk of brake failure, which can occur at high speeds and make it impossible for the driver to avoid an accident.
When someone chooses to keep operating a vehicle that needs essential maintenance to avert a potential disaster, they are knowingly imposing the risk of an accident on everyone around them on the road. A driver who takes this course of action knows that there is a chance their vehicle will fail and hurt others. Proving this is generally sufficient to show the other driver’s negligence in causing your injuries.
Contact a Will County Car Accident Attorney
McNamara Phelan McSteen, LLC is skilled in investigating accidents caused by a vehicle malfunction. Our skilled Joliet car accident lawyers will strive to uncover where the liability lies after this dangerous type of accident. Call 815-727-0100 for a free consultation.
Source:
https://consumer.ftc.gov/articles/0211-auto-repair-basics