The Driver Might Still Be At Fault For Driving A Defective Vehicle

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When a vehicle is poorly maintained, it can be much more difficult to operate. For example, if your vehicle has brake pads that have worn out, it may be difficult to slam on the brakes and stop the car in time. If this is the case, a driver might smash into your vehicle and you will then need to determine who is liable for the accident.

Liability 

When a vehicle is not properly maintained, the liability might rest on an auto repair shop. For example, the car might have been taken in to have its brakes repaired and the brake repair technician might have been negligent. However, in most cases, the party liable for the poorly maintained vehicle will be the driver themselves.

Finding out who is liable can be very difficult, and you will likely need help from an auto accident attorney. Your attorney will likely consult with an automotive technician who will examine the car and determine what went wrong. 

Human Error

The majority of car accidents are caused by human error. Even if the vehicle was defective, the motorist might be considered responsible for the accident for failing to repair the car in time and for driving a car that is not safe to drive. 

The driver has the responsibility to take the car to have it serviced. If the car is not safe to drive, the motorist is responsible for pulling over to the side of the road. If the driver is about to crash, they have the responsibility to perform a maneuver that can prevent the crash from occurring.

Misuse or Modification

Some motorists choose to modify their cars and this can sometimes backfire. If the alteration is something that is foreseeable by the manufacturer, they might still be considered at fault if the car is defective.

However, certain types of modifications can lead to the car becoming defective and can cause the motorist to be considered fully at fault for the accident. The manufacturer will need to have given ample warning that a particular type of alteration is not allowed. 

Comparative Negligence

In some cases, more than one party might be at fault for the accident. With comparative negligence, each party may need to pay for a portion of the damages. If this is the case, you will need to find out which party is responsible with the help of an accident attorney so you can maximize your settlement.

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13 August 2021

Stay Calm and Keep Fighting

When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.