What If My Accident Was Due To A Mechanical Issue, Like Faulty Brakes Or Engine Failure?
- March 7, 2017
If you have been involved in an accident that was caused by some sort of mechanical issue, such as faulty brakes or engine failure, you are likely wondering what steps you can take to recover monetary damages for any injuries sustained by you or your loved ones. When a mechanical failure is a contributing cause to an accident, it may be more difficult than it would be in a typical automobile accident to determine who is at fault and who should be held liable for the damages associated with the accident. That is why it is extremely important to involve an experienced attorney early in the process. An attorney can assure, after looking at all the facts, circumstance, and laws relevant to the accident in question, what parties may be liable to you for your damages, and your attorney can help you take the steps necessary to recover from those individuals.
Sometimes mechanical failures are simply related to the operator’s error. For instance, if a driver fails to maintain his or her vehicle correctly, in the way specified by the manufacturer, the vehicle or its components may malfunction in a way that causes an accident. An example of this type of negligence on the part of a vehicle owner or operator would include failing to properly maintain the tires and proper tire pressure such that a tire blowout occurs and causes a collision. Another example might be failure to replace the brakes in a timely manner once they have become worn leading to the inability to stop the vehicle when necessary. In these situations, the fault for the collision is relatively straightforward and your attorney can assist you to recover from the driver’s insurance company through settlement or court proceedings, if necessary.
However, sometimes the driver of the vehicle who appears to cause the accident may have no control over the mechanical failure that occurred, and in fact, it was the manufacturer or automobile repair person that acted negligently and is the truly responsible party. In these situations, it may be more difficult to pinpoint the faulty party, because it may take more time and more in-depth investigation to learn the true cause of the accident. For instance, there have been instances of documented issues with vehicles caused by a faulty component installed in vehicles that have led to fatal accidents. One such incident included vehicles that rapidly accelerated and left the drivers unable to slow, and in some cases, control the vehicles. Other situations that may be out of the control of the owner or operator include situations where a repair person incorrectly installs or repairs a component that later malfunctions and is the primary cause of an accident. An example of this type of situation would be improperly installed brakes that fail to properly slow or stop a vehicle. When these types of problems occur, oftentimes the owners or operators of the impacted vehicles have no way of knowing the danger their vehicles pose to others, and the true fault for the accident rests with the manufacturer or automotive repair person.
In any situation where mechanical failure is suspected as a primary or contributory factor in an automobile accident, it is important to involve an experienced attorney early on in the process. An attorney can take the steps necessary to preserve the evidence in the vehicle and cause a proper investigation to be completed so that the true cause of the accident can be determined. Once the responsible party is identified, an attorney can assist you to recover the damages you or your loved ones are entitled to receive to make you whole following the accident.