In 2014 and 2015, there were over 125 million recalled vehicles in the United States. Many types of recalls are related to mechanical failures that result from faulty manufacturing. Some of those mechanical failures can cause accidents on the roads. When a mechanical failure plays a part in causing an accident, there are several things to know about determining who is at fault.
Common Types of Dangerous Mechanical Failures
These are the most common types of failures that lead to auto accidents:
- Faulty brakes
- Tire defects
- Steering issues
- Faulty windshield wipers
- Faulty headlights
When an accident happens and a driver cites mechanical failure as the cause, investigators look at the vehicle’s maintenance record first. Accidents that happen because of improper maintenance are the fault of the vehicle owner. If there are outstanding safety recalls that have not been addressed, an investigator will include that information in the report. Also, investigators look for other mechanical failures that may not be related to a current recall.
Determining Fault
In many cases, the mechanic who last worked on the vehicle is to blame for the accident. This is often applicable when the car recently had repairs or maintenance work completed. If a new part fails or if a mechanic does not reassemble components correctly, the resulting failure could cause an accident. When this happens, the mechanic or auto shop could be liable for any injuries sustained by the driver or another affected party.
An investigator will consider the manufacturer’s potential role of responsibility if a vehicle did not have recent maintenance or repairs. Any widespread or isolated problem that can be traced to manufacturing errors will leave the manufacturer with the responsibility of compensating injured parties. One example of such an issue was when Toyota had to pay millions of dollars to settle a major lawsuit for a widespread problem of accelerator pedals getting stuck.
Another issue that investigators consider before placing blame on the vehicle owner is a third-party part manufacturer. If a part that was not made by the vehicle’s manufacturer was used in good faith by a repair facility, the manufacturer of the part could be liable if the investigator determines that its failure caused the accident. People who suspect mechanical failure as the cause of an accident should report the concern at the scene.
Accidents caused by a mechanical failure can be tricky. With so many things to cover and consider, it is best to hire a highly qualified attorney who is experienced in cases such as these. Get the legal advice that you need with Car Accident Cases for a free case evaluation.