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Vehicle Malfunction: Who Is at Fault?

Accidents Due to Vehicle Malfunction

Have you gotten a recall notice on your vehicle? Do you have any issues with your cars like bad brakes, alignment issues, lights, or any other malfunction that you are aware of?

Well if one of these malfunctions causes an accident, regardless of the situation, you may be found to be at fault.

If you are involved in an accident, and you had prior knowledge of an issue that your vehicle had, the case can become significantly more complicated.

What Are Examples of Vehicle Malfunction?

This could range anywhere from faulty or overused brakes and tires, to catastrophic engine problems and/or recalls that have not been addressed. It is incredibly important to take your vehicle in for regular maintenance, and for recalls, not only for your safety but the safety of others as well.

Some examples of malfunction are impossible to foresee, like a tire popping on the road. Issues like this would not be the driver’s fault as they were random accidents. It is when you have prior knowledge of vehicle issues that can cause concern when working through a case.

So, Who Is at Fault?

This is where things get complicated. If a driver in an accident had prior knowledge of issues with their vehicle but did not repair it, they may be considered at fault in the accident – of course with the understanding that each case is different. So if you have an ongoing problem with your brakes locking up, and it causes an accident in which you get rear-ended, usually the fault would most likely be placed with the driver that read ended you, but with that prior knowledge of the brakes, it can actually become your fault that the accident happened.

What If I Do Get Regular Maintenance and a Malfunction Caused the Accident?

In cases like this, the car mechanic or servicing company you use might be at fault. The entire point of getting vehicle maintenance is to avoid issues like these. The mechanic should be looking for any issues that could cause a significant malfunction in the vehicle, and fix, or at the very least notify you that there is an issue. If they overlooked significant issues or did not notify you of the issues, you wouldn’t be responsible for the malfunction.

Get an Attorney

These cases can be convoluted and difficult to navigate. Unlike most vehicle cases, these types of cases may require participation from businesses other than the insurance companies. If you have been involved in an accident due to vehicle malfunction, reach out to us at (404) 948-3571, or click HERE to contact us online.

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