By Seth Anderson on May 20, 2022
Vehicles need to be kept up to certain road safety standards to prevent collisions. The responsibility to do so usually falls to the owner of the vehicle. However, there are other parties that may bear some liability if poor vehicle maintenance results in a crash.
Below, we discuss how liability is determined for an accident caused by negligent vehicle maintenance.
If you have questions regarding your rights following an accident, call our Fort Worth-area auto collision attorneys today to discuss your claim. There are no upfront fees and no obligation to take legal action.
There are a variety of components on a vehicle that, if not properly maintained, could cause a collision. These may include, but are not limited to, the following:
The Texas Transportation Code requires all vehicles to undergo inspection to ensure road safety. Failure to keep a vehicle up to code could result in fines and other legal consequences, including financial liability for damages if a collision occurs.
Generally, the owner of a vehicle is responsible for the routine maintenance of a vehicle. This includes getting a vehicle’s tires rotated, oil changed and filling the gas tank. The owner also has an obligation to take the vehicle in for servicing when an engine check light comes on, or if some other issue arises that he or she cannot do alone.
If a vehicle owner fails to maintain his or her vehicle in a reasonably safe operating condition, he or she could be held liable for damages caused by a crash.
If a vehicle belongs to a dealership or a car rental shop, then responsibility for its maintenance falls to these companies. Especially if a vehicle, or one of its parts, is recalled. There are laws that require vehicle rental facilities to remove recalled vehicles from their lots until the recall issue is resolved.
The dealership or rental company could be liable for your damages if you are hurt in a crash with a vehicle that had a recall defect, but the company that owned it failed to address the issue.
A vehicle that is used for business purposes must also undergo routine maintenance, such as a commercial truck, van or bus. The company that owns the vehicle could be financially liable for your damages.
When the maintenance of a vehicle is not done properly, liability could fall to the party that conducted or supervised the work.
For example, if the vehicle was taken to a repair shop to have a tire replaced. If the shop leaves a loose bolt on a tire after changing it, and that leads to an accident, the repair shop could be liable for the crash.
If a defective part on a vehicle is to blame for an accident, then liability could fall to the manufacturer. Especially if the part was changed while the vehicle was undergoing routine maintenance. The vehicle owner might not be liable for damages because there was due diligence in getting the vehicle serviced. The repair shop might also be able to dodge liability if it was not aware of the defect in the product.
Determining liability for an accident caused by a poorly maintained vehicle may be complex. Our experienced attorneys are prepared to help you through the legal process.
We offer a free consultation to discuss your claim. There are no initial costs and we do not get paid unless you do.
Call (817) 920-9000 to get started.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
Being sued after a crash is one of those situations nobody expects, and when it happens, it can feel overwhelming. You may worry about your finances, your reputation, and how to even begin responding. Many Texans search for what to do if someone sues...
learn more
Drivers across Texas may not even realize they’re doing it, but what is a rolling stop? It’s when a vehicle slows down at a stop sign or red light but doesn’t completely halt before entering the intersection. It might feel like a minor shortcut,...
learn more
Sitting at a red light and questioning, Can you turn right on red in Texas, is a common experience for many drivers across the state. Confusion at intersections is one of the leading contributors to preventable car accidents. The rules aren’t always clear, especially...
learn moreTell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.
Email us anytime and we will get back to you.
Our attorneys will come to your home, office or hospital at your convenience.
Our team is ready and waiting to help you today.