(Newswire.net — August 10, 2022) — It is not uncommon for a driver to be found liable in a crash caused by poor vehicle maintenance. Improper vehicle maintenance is defined as any neglect or careless treatment of a vehicle. This can increase the chances of a traffic accident resulting in injuries or casualties.
Establishing liability in a crash caused by improper vehicle maintenance can be a complex topic. A car accident attorney can help you identify the at-fault party and use the available evidence to build a strong case.
Determine Whether the Motorist Was Driving a Defective Vehicle
The first step in establishing liability for a crash caused by poor vehicle maintenance is to determine whether the motorist was driving a defective vehicle. If they were driving an unsafe vehicle, they can be held partially responsible for the accident.
It is essential to consult a car accident attorney for guidance on how to handle such a case. If it can be shown that the motorist was driving an unsafe vehicle they may still be held liable for damages.
Examine All Relevant Factors
To determine if there is sufficient evidence of negligence on behalf of either party involved in an accident it is necessary to examine all relevant factors surrounding the incident and determine what role each party played in causing the accident.
In this case, hiring a Birmingham, AL, car accident attorney will likely ease your work. They can help investigate the crash and interpret the available evidence.
Write Down as Many Details as Possible About What Happened
Write down where you were at the time of the crash, how long it took for help to arrive after being called, and any witnesses names and phone numbers. Also, write down what officials said about what happened, including statements from witnesses and police officers investigating the crash.
Look at the Driver’s Insurance Policy
The most common way to determine liability for a crash caused by poor vehicle maintenance is to look at the driver’s insurance company. If the driver has insurance, they will likely have legal responsibility for any damages caused by careless driving.
If you’re facing a personal injury lawsuit and want to find out if your driver’s insurance company will cover any damages resulting from your crash, you can ask them through your lawyer. It is best to let your attorney take over all communication with insurance providers.
In some states, the law requires drivers to be insured at all times while operating their vehicles on public roads.
Look at the Car’s Registration Documents
Another way to determine liability for a crash caused by poor vehicle maintenance is by looking at the car’s registration documents and title certificate. If the car is registered in your name and has been in your possession for more than three months without any incidents, you might recover money from the other driver if that person was negligent and caused an accident.
Figure Out if the Motorist Was Using Their Phone While Driving
If the driver was using their phone while driving, this could indicate that they were not paying attention. The distraction caused by cell phones has become such a problem that many states have laws that prohibit using them while driving. You should check these laws to see if they apply in your area before proceeding with any investigation into a liability for a crash.
Check If There Is Any Damage to Your Vehicle
If there is damage to your vehicle from another party’s negligence, this could indicate that they caused the accident. This will make it easier for a judge or jury to determine who was at fault for causing the crash.
The Bottom Line
A driver responsible for an accident may be found negligent if they failed to maintain their vehicle reasonably or follow the manufacturer’s recommended maintenance schedule. If you’ve been in an accident caused by poor vehicle maintenance, you may be entitled to compensation from the other driver’s insurance provider.
About the author:
Early in his journalism college years, Kerry L. Tucker had a revelation: there were not nearly enough law communicators. People’s difficulties in understanding the law, procedures, and how the justice system worked stemmed from the fact that no one took the patience to explain complicated matters to them. Therefore, he took upon him the task of helping people navigate legal matters easier. He works with attorneys and other legal journalists and spends time doing research so that everyone – from a mother whose child got a bike injury to a company needing insurance counsel –to find the actionable answers they are looking for.