When vehicle maintenance is ignored or delayed, it puts a vehicle owner at risk of being held responsible for an accident.
Car Accidents Are Caused By More Than Negligent Driving
When the term “car accident” comes up, many people immediately think of a driver sending text messages or otherwise staring at their phone instead of the road. However, while negligent driving does cause its fair share of car accidents, there are other causes that are equally significant.
Over-worn brakes, tires with no tread, and a host of other maintenance issues cause car accidents, too. Worse yet, these are problems that are largely avoidable. Simple, routine maintenance of the vehicle can avoid pushing vehicle parts to their working limits.
Routine Maintenance Can Help Prevent Car Accidents
Anyone who has owned and operated a vehicle is aware that routine maintenance is necessary. For the most part, this routine maintenance is not something that is a mystery to a vehicle owner. Rather, issues like worn brakes, bald tires, old windshield wipers, and many more become obvious as the maintenance becomes more necessary.
These are simple repairs to make. The law acknowledges this reality. Vehicle owners are responsible for accidents caused by the failure to maintain the vehicle. Did the vehicle owner know, or should have known, that the repair or maintenance was necessary?
Determining Fault In A Car Accident Case Involving Negligent Brake And Tire Maintenance
In a car accident case, an injured party must prove liability on the part of the driver or vehicle owner. Liability is shown by proving that:
- The vehicle owner had a duty of care to maintain the vehicle
- A breach (violation) of that duty occurred, and the maintenance was not performed
- That breach caused the injuries suffered in the accident
- As a result of the accident, damages (injury, medical bills, lost wages) resulted
Who May Be Held Responsible For Causing A Car Accident Involving Neglected Maintenance?
As the driver of the vehicle or having lent the vehicle to someone else, the person who owns the vehicle whose maintenance was not up to date may be held responsible for causing an accident.
Next, the person driving the vehicle whose maintenance was not current can also be held responsible. Whether the driver owns the vehicle or not, he or she can be held responsible for the accident depending on what happened.
Finally, if a mechanic failed to repair an issue with the vehicle satisfactorily, then they may be responsible for an accident. Determining liability for a car accident involving neglectful maintenance is a circumstance where having experienced legal assistance helps tremendously.
