Car accidents are unfortunately all too common on the roads today. In most cases, one of the drivers involved will be found at fault for the accident. This determination is typically made based on a number of factors, including witness statements, damage to the vehicles, and the police report.
In some cases, due to Missouri’s comparative negligence doctrine, liability may be split between the two parties. For example, if one driver ran a red light but the other was speeding, they may both be found partially at fault. However, in most cases, one driver will be found to be primarily responsible for the accident. But what happens when the fault is not due to human negligence but rather mechanical error?
Accidents Caused by the Vehicle
In the case of an accident caused by a mechanical error, there may be grounds for a lawsuit. To prove negligence, it must be shown that a manufacturer or dealership knew or should have known about the mechanical error and failed to take action to fix it. Here are some common mechanical errors that could cause an accident:
Brake Failure - Brake failure can be caused by a number of factors, including worn-out brake pads, leaking hydraulic fluid, and faulty brake calipers. In some cases, brake failure may even be caused by a manufacturing defect.
Steering Failure - Car accidents caused by steering failure are not uncommon. In fact, they account for a significant number of accidents each year. Steering failure can be caused by a number of factors, including a defective steering system, a damaged steering column, or even excessive wear and tear.
Problems with Tires - A tire can be defective in a number of ways. The most common type of defect is a manufacturing error, which can occur during the development or production process. Defects can also occur due to design flaws or poor materials.
Liability for Defective Automobile Parts
Product liability is the area of law that deals with the responsibility of manufacturers and sellers to compensate consumers for injuries caused by defective products. In the context of automobiles, this includes parts that are not adequately designed or manufactured and which may cause accidents or injuries as a result. When it comes to defective parts in a vehicle, a couple of liable parties may be:
Vehicle Manufacturer - A manufacturer may be liable if a defect in the vehicle’s design or manufacturing process caused the accident. They may also be held liable if the car was not properly repaired after a recall or other safety issue was identified. Further, they can be held responsible for any injuries or damages if they failed to warn consumers about a known safety hazard.
Car Dealership - A dealer can be held liable for injuries and damages sustained in a car accident if they sold a car without disclosing a known defect that caused the accident. Similarly, if a dealership made false claims about the vehicle’s safety or performance or negligently maintained the car, they can be held liable for accidents due to those actions.
Liability for a Car Accident During a Recall
A car owner can be held liable for an accident if there is a recall on the car and the owner does not get the car repaired. If the car had a safety defect that was the cause of the accident, and the owner knew about the recall but did not take action to repair the car, then the owner can be held liable.
Additionally, suppose the car is involved in an accident, and it is later discovered that there was a recall. In that case, the manufacturer may be held liable if it can be proven that the recall was not properly communicated to the public. In either case, it is essential to consult with an attorney to discuss your specific situation.
St. Louis Car Accident Attorneys
At Kolker Law Firm, our car accident attorneys have a deep understanding of the law and what it takes to win. We have a proven track record of success, and we are committed to fighting for the maximum compensation our clients deserve. If you or someone you love has been involved in a car accident, we can help.
If you were injured in a car accident that was not your fault, contact us today at (314) 684-8285 or fill out our form online.