While auto accidents often occur because of driver negligence, they can also happen because vehicle owners fail to maintain their cars. In such cases, it may seem as though neither driver behaved negligently, but the faulty vehicle’s owner may still be held responsible.
When accidents occur because of improper vehicle maintenance, the vehicle’s owner is often the one deemed at fault. However, there may be additional defendants. For example, if a business owned the vehicle, and the driver was working the day of the accident, the business that employed the driver may be held liable, even if it was the driver’s duty to maintain the car. Still, the owner may have taken the car in for maintenance work, but the mechanics provided inadequate repairs, leading to the accident.
Begin your case with a free, confidential legal assessment by calling our Dallas, TX car accident lawyers at The Queenan Law Firm at (817) 476-1797.
Who is Responsible for a Car Accident Caused by Poor Vehicle Maintenance?
Even when no drivers involved in an accident are negligent behind the wheel, someone may still be held responsible if faulty or negligently vehicle maintenance is to blame for the crash.
The Vehicle’s Owner
Generally, a vehicle’s owner is legally obligated to make sure that the car is safe to drive. This includes regular maintenance and taking the vehicle in for repairs if something breaks down. When an accident happens because the vehicle has been poorly maintained, the owner may be held responsible for the accident and your damages.
Companies and Fleet Managers
If the poorly maintained vehicle was part of a fleet of vehicles used as part of a transportation service, or was otherwise used for work-related purposes, the company and fleet managers that owned the car may be held liable.
Even if the driver was driving their own personal vehicle during the accident, and their employer does not own it, the company may still be held vicariously liable in a lawsuit. Including the driver’s employer in your case is a good idea, as they likely have greater financial resources to cover your damages.
Mechanics and Repair Businesses
Perhaps the driver or owner of the vehicle had, in fact, taken their vehicle in for regular maintenance just recently. In that case, we should examine the mechanics or auto repair service provider who performed any maintenance or repair work. If the work was performed negligently or inadequately, it may be possible to hold them responsible.
What would likely happen is that the injured driver would sue the owner of the poorly maintained car directly, and the defendant may take action against the mechanic or auto repair shop.
How Do You Prove the Other Driver in an Accident Poorly Maintained Their Car?
It can be difficult to determine if the other driver’s car was poorly maintained and whether that lack of maintenance has anything to do with the accident. An attorney can help you find this evidence to support your case.
Vehicle Inspections
Our car accident lawyers should push for both vehicles involved in the accident to be inspected by automotive professionals. If anything is wrong with either car, the inspector may quickly find out what it is and determine whether the defect caused the accident.
Inspecting vehicles may be difficult if they were destroyed in the accident. Even so, certain evidence from the vehicles may shed light on how it was maintained.
Records from Mechanics Shops
Does the other driver claim that they regularly have their car inspected and maintained? If so, we may need to find evidence that proves them wrong.
We can talk to mechanics or auto repair businesses that the defendant claims to have visited to see if they have any record of alleged maintenance and repairs. If there are no such records, we have evidence not only that the other driver’s vehicle was poorly maintained, but also that they lied about maintaining their vehicle.
Discovery
The discovery phase is a time during a lawsuit when each side must exchange relevant information and evidence, thus allowing each party to build the strongest case possible. We may request details and information about vehicle maintenance from the defendant during the discovery phase, and they may be legally obligated to provide it.
How Can You Tell if a Vehicle Has Been Poorly Maintained After an Accident?
We should consider the follow factors to determine if the other driver’s car was poorly maintained and whether that lack of maintenance directly contributed to the crash.
How Old is the Car?
Older cars typically require more maintenance. As cars get older, they tend to require more and more upkeep, which some drivers fail to keep up with.
How old is the other driver’s car? Vehicles more than 10 years old should be thoroughly examined for any improper maintenance.
Recent Accidents
Was the vehicle in an accident recently? If so, it likely needed repairs and maintenance work. If this work was not done properly, it may be a contributing factor in the current accident.
What’s Under the Hood?
A quick check under the hood of a car can reveal a lot about how the car has been maintained. We may have an automotive professional check the oil and other fluids and see if anything is old, worn out, or damaged. Even if only a few small problems are found, this may indicate a larger problem of poor maintenance, and additional problems may be uncovered.
Can More Than One Person Be Held Liable for a Car Accident Due to Poor Maintenance?
Yes, owners, businesses, mechanics, and others may share blame for an accident caused by poor vehicle maintenance. Multiple people may share responsibility for vehicle maintenance, and a defendant’s employer may be vicariously liable even if the employer is not directly involved in the accident.
Can You Sue for a Car Accident if Your Vehicle Was Poorly Maintained?
Yes. If your vehicle’s lack of maintenance somehow contributed to the accident, your damages may be reduced according to your share of fault as determined by the court. However, the fact that your vehicle needed maintenance or repairs might not factor into the accident, and the other driver might be solely liable.
How Can You Tell if a Vehicle Was Poorly Maintained if it Was Destroyed in an Accident?
Even if the vehicle is destroyed, evidence of poor maintenance may still be found. For example, someone inspecting the vehicle after the accident may find sludge in the oil pan, nearly bare tire tread, or worn-out brake pads.
Speak to Our Car Accident Lawyers About Your Claims Today
Begin your case with a free, confidential legal assessment by calling our Keller, TX car accident lawyers at The Queenan Law Firm at (817) 476-1797.