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Legal Help: Getting Hurt on the Street


Liability For Car Accident Caused By Mechanical Failure

Who pays for the damages when a car mechanical failure causes a car crash? In some cases, the driver of the car can be held liable for the crash if they were negligent in servicing and maintaining the car. However, many other people can be held liable for such an accident; here are a few examples:

The Manufacturer of the Car

The manufacturer may be the first party to come to your mind in this case, but they will only be liable if the mechanical failure is traced to a defectively manufactured part. You will have to prove not only that the car had a defective part, but also that the defect caused the accident.

Consider an example where a car's brake pedal was defectively manufactured and has the tendency of sticking to the floor. If you incur an accident in such a car, you need to prove that the brake pedal stuck on the floor and caused your accident; that is the only way you will hold the manufacturer responsible for the damages.

A Part Seller

If the defective part didn't come with the car, then you should go after the vendor who sold it to you. For example, when you buy a defective steering wheel linkage (one of the top mechanical causes of car accidents), and it ends up causing an accident, then the seller should be liable for the damages. Your case will be even stronger if you can prove that the vendor knew that the part was defective but concealed the fact from you.

Your Mechanic

You may also be able to make your mechanic liable for the damages if you can prove that they were negligent when working on your car. For example, if you recently replaced your brakes, the mechanic shop that replaced them may be liable for the accident if they made a significant error during the replacement, and the error ended up causing an accident.

The Car Dealer

Lastly, there are also cases where the car dealer may also be held liable for an accident. A car dealer can be responsible for your accident if they conceal a mechanical defect in a car, and the defect ends up causing you harm. Take an example where you tell a dealer that you have heard rumors that a certain SUV tends to have acceleration problems. The dealer, however, assures you that this particular car they are giving you doesn't have such problems. A few weeks later, the SUV accelerates on its own and hits a car in front. In this case, you can hold the dealer responsible for the damages if you can prove that they concealed the defect from you.

As you can see, many people may be liable for a mechanical failure car accident. At the same time, your success of the case depends on identifying the party (or parties). A car accident attorney can help you do just that so that you don't waste time going after the wrong people. Contact a firm like Loughlin Fitzgerald P C to learn more.

About Me

Legal Help: Getting Hurt on the Street

I never gave a lot of thought to needing a lawyer until I was injured while walking down a sidewalk. The accident happened when a biker decided to use the sidewalk instead of the street, and plowed into me as he turned a corner. What followed was a lesson in what is involved with pedestrian accidents. I found a traffic attorney who took my case, and she was able to obtain a settlement that covered the legal fees and my medical bills. If you have been injured through the negligence of another party, you do need legal representation. Keep reading and I'll share how I found the right lawyer and what we did to ensure that my rights were fully protected in a court of law.

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