Fatal Henry County Car Wreck Might Have Been Caused by Mechanical Failure
While most people presume that motor vehicle accidents are the result of unsafe driving practices like changing lanes without checking to see that it is safe or driving while under the influence of alcohol, sometime mechanical issues also can play a significant role in causing a collision. Vehicle malfunctions that cause car crashes may be a product of defective components, lack of maintenance or substandard repair work. Given the diverse mechanical factors that may contribute to a collision, these types of car crash injury and wrongful death claims may pose special challenges.
A recent fatal Henry County car wreck involving three vehicles might have been caused by a mechanical failure according to information provided to Atlanta 11Alive news by a Henry County Police spokesman. A Ford F-150 pickup truck involved in the collision rolled over causing both the passenger and driver to be ejected from the vehicle. While the driver was airlifted to Atlanta Medical Center with significant injuries, the passenger did not survive. It appears from the news report that the vehicle occupants might not have been wearing seat belts.
While the family of the passenger who died might be able to pursue a legal claim for wrongful death, the preliminary report illustrates the complications that often arise in legal actions based on this type of collision. Although a mechanical failure does not preclude the possibility that one or more of the drivers also engaged in unsafe driving or a traffic offense that caused the crash, there is at least some possibility that none of the other drivers engaged in any form of unreasonably unsafe driving behavior.
Although an investigation which may include accident reconstruction experts might be necessary to determine if the collision was caused entirely by a mechanical problem, an injured driver or the family of a wrongful death victim might need to pursue a claim against any of the following entities in this situation:
Vehicle Manufacturer: If the vehicle is defective or includes defective components or systems, this might provide a basis for pursuing a product liability claim against the automaker. If a car suddenly accelerates so that the driver cannot control the vehicle before losing control of the vehicle and colliding with a utility pole, tree or other fixed object, the manufacturer of the vehicle might be financially responsible.
Repair Shop: When you take your vehicle in to have maintenance or repair work performed, the shop has a duty not to install faulty or worn parts or perform substandard work that might cause a driving emergency. An example might include applying a patch to a tire that should be replaced because of excessive wear and exposed steel belts rather than informing the customer that the tire must be replaced and/or advising the motorist of the potential danger.
Ignoring Appropriate Maintenance: Cars like all mechanical devices have parts and systems that need regular maintenance. When an owner drivers on bald worn tires or fails to change brake pads that are badly worn, the owner of the vehicle who failed to address these types of maintenance issues might be liable for a equipment failure-related accident. In the recent Henry County collision, for example, the the driver whose vehicle malfunctioned might be liable for injuries to his or her passenger or occupants of the other two vehicles if the malfunction was the product of neglecting necessary vehicle maintenance.
Defective Components: Just as the manufacturer of the vehicle may be liable for a crash caused by a mechanical failure, the company that designs, manufacturers or sells defective components for cars also may be liable for such a crash based on product liability law.
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Our Georgia Auto Accident Lawyers were saddened to hear of this tragic Henry County car accident and advise all motorists not to neglect maintenance issues especially those that can impact vehicle safety. If you or a family member is injured in a collision or a family member dies, our Henry County personal injury lawyers at Montlick and Associates have been providing respresentation to injury victims for over thirty years throughout all of Georgia and the Southeast, including but not limited to all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.