If a Mechanical Failure Caused My Injury, Can I Still Sue?
Almost all accidents are caused due to driver failure, but there are still many which are caused by mechanical defects in the car. The at-fault driver may have done everything they could to avoid the accident, but the car wouldn’t let them.
This raises an important question. If you are injured and it was due to a mechanical failure on the car, can you still sue successfully? The answer is yes, but just who you can sue will depend on why the mechanical failure occurred.
Owner failed to maintain their vehicle
Many mechanical failures are due to worn tires. A sudden flat can make a car difficult to steer. But the expense of replacing tires does make some people put off replacement for as long as possible. If it is found that the other driver didn’t maintain their car properly and there was no fault with the part, it’s possible to sue the other driver for their neglect.
Mechanic made an error
Sometimes a mechanic can make an error that can lead to a mechanical failure. One example of this might be a brake job that went bad. If the other driver can show that the part that failed had recent service, it may be possible to sue the mechanic for damages. In fact, both parties may have a legitimate suit against a bad mechanic if it causes a crash.
Part manufacturer defect
If it is a specific part that failed and there is evidence that it has failed for other people as well, that’s how vehicle recalls start. One notable type is airbag recalls. Recently, certain airbags have malfunctioned as the igniters in these airbags explode too forcefully under certain conditions and can cause injury or death. When it can be shown that a specific part caused the injury, the manufacturer can be sued.
Car design defect
There is also the case where a faulty design or build process leads to mechanical failures. In these cases, the car’s manufacturer could be successfully sued. The chances of success go up significantly if multiple people experience the same problem. Manufacturers may also be liable in part defect cases if they didn’t do their due diligence to explore other options.
Depending on the exact circumstances, any of these mechanical failures can intersect with each other along with other crash causes. It takes the skill of a lawyer experienced in mechanical failures to argue for who is responsible for what percentage of a crash to the judge. Those injured by mechanical failures should know that it can take quite some time for experts to examine a vehicle and determine whether or not it was a mechanical failure or the fault of the driver.
But you should not fear about receiving damages if there is a mechanical failure that caused your injury. While it may take longer than you’d like for the case to finish, you can get compensation. Additionally, your case may save other’s lives by showing that there is indeed a defect that must be addressed. Contact Galligan Law today if you have been injured by a mechanical error.