Did Bad Vehicle Maintenance Cause Your Crash?
If you’ve been involved in a car crash that was caused by someone else’s negligence, you may be feeling angry, frustrated, and upset. However, it’s not always immediately apparent what caused a crash. Sometimes you can be certain that you were not at fault, but still be unclear on what exactly caused the crash or if it could have been avoided. One way that negligence can go unnoticed at the scene of an accident, is when it is disguised as a fluke accident but is actually caused by neglecting vehicle maintenance. For instance, it may seem like a vehicle’s tire blew out, causing it to collide with yours. Initially, it may be hard to determine what caused the tire to blow out. After all, it could be debris on the highway. However, if the actual cause of the blown out tire is because the owner negligently failed to properly inflate their tires for an extended period of time, then they become liable for all harm caused by their negligence.
As you can imagine, these cases are not always easy to prove, but proving negligent maintenance of a vehicle as an element in causing the crash can make or break the determination of liability. If you suspect that a lack of proper maintenance was a factor in your car accident, it is important to talk to an experienced Atlanta personal injury attorney as soon as possible so that they can take all necessary measures to investigate the circumstances of the crash and the history of the car in order to determine whether the driver violated their duty of care. The information in this article is intended to be general. However, if you would prefer personalized feedback based on your individual case, you are welcome to contact our experienced Cobb County personal injury attorneys at Hawkins Spizman Trial Lawyers to schedule a free consultation.
Challenges in Bringing a Vehicle Maintenance Case
Vehicle maintenance cases can be complex, so it’s critical to have experienced auto accident attorneys on your side. The biggest challenge in most cases is establishing that the owner had knowledge of the vehicle’s issue and failed to remedy it or proving that the vehicle was not reasonably maintained. However, in some cases, the nature of the damage to the vehicle will make it very apparent. Another challenge can be establishing a causal link between the lack of maintenance and the harm that was suffered. For instance, if a driver had both tail lights out and was rear-ended, the driver without tail lights will likely be found negligent for the crash. If you then find evidence that the same driver had received a ticket because his tail lights were out six weeks earlier, this could increase the amount of liability because he drove around for such a long period of time with a vehicle problem that posed a real danger to other drivers on the road without taking reasonable precautions. Additionally, in that case the causal link between not having visible tail lights and being rear ended is very clear.
Schedule a Consultation with an Experienced Lawyer
If you have been injured in a car accident in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or the greater Georgia area, and you suspect that vehicle maintenance or another form of negligence may have played a role, the experienced personal injury attorneys at Hawkins Spizman Trial Lawyers are ready to help. Contact us today to schedule a free consultation.