Improper maintenance of cars, trucks and motorcycles on roads and freeways in Rhode Island often lead to serious injuries or death. As a part of the privilege of driving, all motorists in RI have a responsibility to maintain their vehicle to ensure it operates in a safe condition and does not pose a threat to the public. Without proper maintenance, components of the vehicle can break or work inefficiently, causing an accident when the driver loses control. Sadly with the poor state of the economy in Rhode Island, some people cannot afford to fix their automobiles leading to mechanical failure and the increased prevalence of motor vehicle wrecks.
Legal Liability in RI
The driver at fault can be held legally liable if it can be shown that the accident was the result of a defective condition that the motorist knew, or should have known, about. This is because the failure of the motorist to maintain their vehicle properly constitutes negligence if it does not operate safely. If it can be determined that the vehicle operator or others were negligent, victims and surviving family members can file a claim or suit against all parties at fault to receive financial compensation.
Ultimate Responsibility for maintenance
When a driver causes a RI car accident, they are often surprised to learn they may still be liable even if they were unaware of the hazardous condition of their vehicle. This is because state laws hold the driver responsible for keeping the vehicle operating in a safe condition.
This responsibility cannot be delegated to others, which means the responsibility cannot be transferred to a mechanic. As an example, a mechanic might be held negligent if they failed to identify any unsafe condition that rendered the vehicle unsafe to operate. In the event that the vehicle causes an accident with injury or death to others, the mechanic could be held legally accountable, but the driver may also be at fault and liable for financial compensation to the victims.
Common Mechanical Failure
According to the National Highway Traffic Safety Administration (NHTSA), one out of every eight vehicle accidents can be attributed to mechanical failure. Common mechanical failures tend to include:
• Normal wear on the vehicle
• Manufacturing defect and poor design
• Inadequate engine care or grease
• Lack of vehicle maintenance
• Broken headlights and taillights
• Worn, defective and underinflated tires
• Loose lug nuts
• Wheel bearing failure
• Malfunctioning windshield defroster
• Faulty brakes and worn brake pads
• Severe rust
• Loose steering wheels that tend to pull the vehicle from one side to the other
• Faulty suspension or loose steering linkage
• Torn, cracked, streaking or chattering wiper blades
Seeking Compensation in Rhode Island
Victims injured by drivers operating a poorly maintained vehicle in Rhode Island have the legal right to seek financial compensation for their injuries, damages and loss. In many incidences, the injuries are catastrophic, and often lead to lifelong debilitating harm. Victims often suffer:
• Traumatic brain injury (TBI)
• Closed head injury
• Paralysis including paraplegia and quadriplegia
• Burn injury
• Spine injury
• Contusion and concussion
• Lost limb (amputation)
In cases where the victim dies from the accident caused by mechanical failure, the surviving family members can file a RI wrongful death claim for recompense.
Hiring a RI personal injury lawyer
A skilled Providence negligence attorney can hold everyone responsible accountable for their neglect. In addition to filing a claim or lawsuit for financial compensation against the motorist at fault for the accident, the RI car accident attorney might also file a claim against additional third parties. This could include the automobile or tire manufacturer, mechanic, maintenance crew or others.
Filing a claim quickly as recommended whenever victims or harmed or injured by another’s negligence. Personal injury law firms in Rhode island can file a claim before the expiration of the state’s statute of limitations.
Skilled Providence auto accident attorneys working on behalf of the victim can investigate the case and prepare a claim to obtain full compensation. The amount of received recompense is typically adequate to cover medical bills and time away from work along with compensation for pain, suffering and grief.