Negligent drivers could find themselves served with a lawsuit after causing an accident that leaves people injured. Many drivers understand the risks of committing moving violations or driving under the influence, so they may take steps to avoid such grossly negligent actions. Unfortunately, numerous drivers possess a limited understanding of what might constitute negligence. Sometimes, a driver's refusal to properly maintain a vehicle could result in a lawsuit after the poorly maintained vehicle becomes involved in a crash.
Negligence Casts a Wide Legal Net
In part, negligence involves not adhering to an appropriate level of care when performing an action or omitting specific steps. If someone suffers harm due to what someone of "ordinary prudence" did or didn't do, the basis for a negligence case may exist. Driving a dangerous vehicle puts others at risk, including fellow drivers and nearby pedestrians, which is why it may be classified as negligence in a legal case.
Worn Brakes and Dangers on the Road
Brakes suffer from wear and tear due to friction, necessitating repair or refurbishment work at some point. Brake fluid may leak, and low fluid levels may not provide the necessary hydraulic power to stop the car. If someone drives on "bad brakes," that person knowingly takes a compromised vehicle out on the road. Therefore, the driver might be responsible for all financial losses and pain and suffering among those injured because their car couldn't stop.
Knowing the Brakes are Bad
If a driver ignored a technician's advice to perform brake work, the driver could have difficulty in court. After all, a knowledgeable professional pointed out a dangerous problem and suggested a fix. A driver, perhaps not interested in spending money, chose to take chances and continue to drive. Maybe the driver justified the decision by convincing themselves short-distance drives aren't a big deal. However, this knowledge may mean that the driver is liable in the case of an accident.
Not Knowing About the Brakes
Someone who doesn't know a problem exists may not be liable, but liability claims may have merit if the individual should have known about a problem. A vehicle's owner's manual points out recommended brake service intervals, and drivers that ignore the manual might be negligent.
Consulting With a Car Accident Attorney
A car accident attorney may review an accident victim's case and offer an opinion about who appears negligent. The attorney could discuss legal options, such as filing a lawsuit or insurance claim. The meeting might focus on presenting evidence and establishing financial losses, among other steps related to recovering damages.
For more information about these issues, contact a car accident lawyer.