What can happen if a driver fails to maintain their vehicle?
Lack of vehicle maintenance can lead to brake failure, tire blowouts or broken lights. How could these issues factor into negligence for an accident case?
- When the maintenance issue contributed to causing the accident
- If the driver knew or should have known about the maintenance issue
- When the vehicle owner failed to correct the issue within a reasonable amount of time
Proving fault or negligence in an accident case
In New York, when damages reach the severe injury threshold, accident victims can sue for compensation. Negligence is the main criterion that a lawyer must prove to win an accident case. Furthermore, negligence indicates that the individual knew or should have known about an issue. However, they failed to take the action that a reasonable person would take to correct it.
Lack of Maintenance Examples
The following are maintenance issues that could factor into an accident case:
- Brake failure. According to com, the most common reason for brake failure is owner neglect. Manufacturers do not design brake pads and shoes to last forever. In fact, when brakes squeal or grind, they could fail at any time. Car owners should replace them right away. Also, leaking brake fluid can result in brake failure. Vehicle guides recommend how often owners should service brakes and other car features.
- Worn or underinflated tires. Owners should replace their tires based on tread loss. Also, a tire that is low on air could indicate a slow leak and the need for maintenance. Failure to maintain tires in proper condition can result in a blowout. Furthermore, blowouts can put the driver and other cars at risk for accidents.
- Broken vehicle lights. Vehicle lights are necessary for communicating to other drivers. A lack of taillights at night could cause a rear-end accident. The other driver may not see the car in time to stop. Also, a car without proper headlights at night can be dangerous. In addition, when turn signals quit working, there may not be adequate warning that the car is turning.
Failing to regularly service a vehicle is a sign of negligence on the part of the car owner.
Find out whether another driver’s lack of vehicle maintenance contributed to the accident
Experienced accident lawyers can investigate for evidence of neglect in accident cases. Sackstein, Sackstein & Lee, LLP offers a free consultation. We can determine whether grounds exist to sue. Call our toll free number at (888) 519-6400 or reach out to us through our contact form.
