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To keep drivers and pedestrians safe, a car’s internal systems must work together flawlessly. When they don’t, a driver can lose control, and a serious accident can occur.
There are many types of mechanical failures that can lead to serious injuries and losses, and they all need to be thoroughly investigated to determine fault. However, mechanical failure accident claims can get complicated. For this reason, it’s essential to talk with one of the best accident lawyers in Phoenix as soon as you can after an accident.
Mechanical failures happen for a variety of reasons. There could be a defective part or a design flaw in the manufacturing. The owner of the car could have skipped required maintenance, or a mechanic installed a replacement part incorrectly.
Because there are many possible causes of mechanical failure, fault for an accident could lie with the manufacturer, parts supplier or distributor, mechanic, repair shop, or car owner.
How Fault Is Determined in Mechanical Failure Accidents
Step | Key Action | What It Involves |
---|---|---|
1 | Identify possible causes | Review if the issue was due to defective parts, skipped maintenance, or faulty repairs |
2 | Collect evidence | Gather police reports, maintenance logs, photos, and accident scene details |
3 | Consult experts | Hire mechanics or accident reconstruction specialists to analyze failures |
4 | Assign responsibility | Determine whether fault lies with the manufacturer, mechanic, repair shop, or vehicle owner |
5 | Calculate liability | Distribute compensation based on the percentage of fault assigned to each party |
Someone who is injured in an accident caused by a mechanical failure can file a claim with their insurance company and/or with the insurance company of the party who caused the accident.
However, if your car stops working because of a mechanical failure, this is not covered by insurance. Depending on your policy, you may have access to roadside assistance and towing, but these are usually extra options that are added to insurance policies.
To determine fault in a motor vehicle accident, an attorney will review police reports, maintenance records, and opinions from experts hired to examine the circumstances of an accident. Based on the evidence, insurance companies and the victims’ attorneys may decide that there is one or multiple parties responsible for the accident.
In Arizona, when multiple parties are involved in an accident, each could be assigned a percentage of the responsibility. This means that if a mechanic is found to be 30% responsible, the vehicle owner is 20% responsible, and the tire manufacturer is 50% responsible, they would split the settlement according to these percentages. If the total amount of damages is $100,000, the insurance company for the mechanic would pay $30,000, the vehicle owner $20,000, and the tire manufacturer $50,000.
If you were injured in a motor vehicle accident and suspect that a mechanical failure was responsible, you want to find a lawyer who is well-versed in Arizona car accident laws. There are many intricacies in this area of the law, and you need a legal professional like Gage Mathers who will aggressively pursue compensation for the damages you experienced (e.g., medical expenses, lost wages, pain and suffering, etc.).
The personal injury attorneys at Gage Mathers battle with insurance companies to ensure our clients receive the maximum compensation they deserve, and our Phoenix-based law firm has a proven track record for delivering results. We will handle negotiations with insurance companies and, if necessary, take cases to court to recover what you need to get your life back on track!
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