In typical car accident cases, the driver is usually the only person at fault because their negligence is what caused the accident. But when an issue with the car itself is to blame, placing liability becomes a bit different. When car accidents are caused by a mechanical failure such as faulty brakes, the car driver, manufacturer, or even the mechanic may be at fault.
All drivers owe others a duty of care on the road. This, of course, includes not texting while driving or breaking any transportation laws. But a driver’s duty of care extends to the maintenance of their vehicle as well. Drivers are required to get their car inspected as often as state law requires and they should never operate a vehicle that is knowingly hazardous, such as a model that has been recalled.
If the vehicle is found to be defective at a manufacturer’s level, the manufacturer of the vehicle itself may be found liable for the car wreck. If poor vehicle design or defects causes the car to be a danger to others on the road, you will need to file a claim against the manufacturer with the help of a car accident lawyer.
How Is Liability Determined In A Car Accident Involving A Mechanical Error?
When any car accident occurs, lawyers use evidence to recreate the accident in order to determine who is at fault. The first step to determining liability is calling a lawyer as soon as you get into an accident. They can help you build a strong car accident case that demonstrates the liability of the at-fault party.
At the scene of the accident, be sure to get as much evidence as you can. This involves taking photos of the accident scene, including the damage done to your vehicle and your person. Take photos of street lights, speed limit signs, and any other infrastructure that will set the scene of where and how the accident occurred. Always talk to witnesses and get their first-hand testimonies of the events, including their contact information to ensure you can get in touch with them while you build your personal injury case.
In the event that you suffer a car accident where there are mechanical errors at play, your lawyer will need to do further investigating in order to find out who is liable. If the mechanical error is the result of a faulty mechanical repair, the mechanic may be liable for the accident. You must be able to prove that the accident is a direct result of not just a faulty part, but true negligence on behalf of the mechanic.
If it can be proven that the accident is a direct result of poor vehicle design, the car manufacturer will likely be held liable. This is determined by investigating the vehicle and how it functions, or researching to find if the car has been recalled due to defects at any time.
In the event that the vehicle is not faulty by design, but still caused an accident, your attorney will help investigate what went wrong. In this situation, typically the owner of the vehicle failed to properly maintain their car. Every vehicle owner is required to get timely inspections, and should never operate their vehicle if it’s knowingly in disrepair or could cause a hazard to others. Even though, in this accident case, the vehicle technically caused the accident, the vehicle would not have been dangerous if the owner had properly maintained it.
Your car accident case may differ from others, so it’s critical that you seek solid legal advice from a trusted and experienced car accident attorney to best get a sense of the compensation you may be entitled to.
Can I Receive A Settlement If A Mechanical Error Was Responsible For My Car Wreck?
If you have been injured in a car accident involving a mechanical error, you can still seek compensation even if you are unsure who’s at fault. Your lawyer will help you determine liability and demonstrate before a judge that you deserve a settlement for the damages you have suffered.
The amount of money car accidents settle for may vary depending on the amount of property and personal damage caused. Generally, sustaining serious injuries, for example, can net you more compensation than sustaining a minor injury.
First and foremost, your lawyer will seek to provide you with compensation that covers the cost of your medical care following the accident. This includes hospital visits, doctor visit co-pays, the cost of prescription medication, and long-term rehabilitative care such a physical and occupational therapy.
Your lawyer will also seek to award you damages for your lost wages. Even minor injuries can keep an unexpecting victim away from work for quite some time. You shouldn’t have to suffer financial distress if your injuries were caused by someone else’s carelessness.
In especially egregious cases, your attorney will defend your right to pain and suffering damages. Your depression, anxiety, and post-traumatic stress after a bad car accident are not to be overlooked. If your mental health has declined after a car accident, you have the right to seek damages for your suffering.
In car accident cases where mechanical errors are responsible, punitive damages may be awarded in addition to actual damages. Punitive damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful.
Schedule A Free, No-Obligation Consultation With The Accident Network Law Group
After any kind of car accident, it can be hard to get your life back on track. But in situations where mechanical errors contributed to the car of the accident, it can be even harder to understand what options you have for relief.
Schedule a free, no-obligation consultation from The Accident Network Law Group to learn your options for pursuing a settlement after a car accident involving mechanical failure. When you work with our team of attorneys, you pay no fees unless we win your case.
Call our Riverside or Costa Mesa law offices today at (951) 291-0976 or send our team an email at email@example.com.