Following a car accident, you need to prove fault in order to receive proper compensation. However, doing so is not always easy.
This is why hiring an attorney is key. By working with a personal injury lawyer and carefully documenting your case, you can gather the evidence necessary for a successful case. In many cases, your lawyer will help prove that the other driver was at fault. But in rare cases, accidents happen due to a mechanical error.
Whether your breaks were defective on a new car or your airbag failed to deploy, these situations present a unique legal case. This guide will break down how accidents happen due to equipment failure and how to handle this type of case.
What mechanical errors can cause a car accident?
While about 94 percent of car accidents are caused by drivers, about one percent are caused by vehicle errors. Since the chances of these types of errors are so low, you need to work closely with a car accident lawyer to prove your cause.
To start, they will advise whether your accident falls under the mechanical error category. Some of the most common mechanical errors that cause car accidents involve safety equipment. This could include seatbelts that break during an accident, airbags that deploy too forcefully, airbags that deploy while you are driving, and brake failure.
These could also include electrical defects and failed power steering. All of these issues would impair your ability to drive the vehicle or fail to protect you in a crash.
What should you do if a mechanical error causes your accident?
You must collect thorough evidence to prove that your injuries were caused by a mechanical issue. This is why it’s essential to bring your car to a mechanic after the accident. They will inspect the car and determine whether the mechanical design or a manufacturing defect is to blame.
Your lawyer will work to prove that the manufacturer used a faulty part or failed to issue a recall. Be sure to keep the records of this inspection and take plenty of pictures. Your insurance company may also send someone to look at the car.
It’s also important to note that the error could have occurred due to negligence by your mechanic. If they failed to repair a part of your car or performed a sloppy repair job, they may be liable. Your attorney will sift through the evidence and determine whether the car manufacturer, parts manufacturer, or mechanic could be liable.
Could a driver still be liable?
While mechanical failures are often caused by a third party, there are situations where the car owner can actually be liable. This is often true if you failed to properly maintain the car or ignored a recall notice.
For example, if you declined to replace your brakes after your mechanic discovered an issue, you could be liable when they fail and cause a crash. It’s also possible that you could be liable if you notice an issue and fail to bring the car to the mechanic at all. In these cases, the driver is often found liable even if a mechanical issue caused the accident initially.
While it’s rare that a mechanical failure will be completely at fault for an accident, it does happen. You can more effectively prove your case by working with a qualified attorney and documenting as much as possible.
Just be sure to be honest, as you could get yourself in more trouble by covering your own role in the mechanical issue. By remaining honest and thorough, you can argue your case efficiently and finally move on from your accident.