Liability is an issue when it comes to determining who pays and how much in a car accident. This liability can depend on behavior of the drivers, but also the actual vehicle itself. If the other driver did not pass inspection, does that failure to pass the inspection make that person more liable?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
What Is a Vehicle Inspection and Why Do They Exist?
Many states require vehicle inspections to ensure that cars operating on the road need to conform to regulations regarding a number of factors. These factors can include safety as well as emissions.
Many safety features are inspected, including brakes, seat belts, lights, steering, suspension, fuel leaks, speedometer, and steering. Inspections can be done annually or only upon transfer of title of the car from one person to another.
Currently 17 states require safety inspections on a periodic basis. Alabama and Maryland only require inspections when a car is sold or title transferred.
What Does It Mean When a Car Fails Inspection?
The failure to pass a vehicle inspection can mean a number of things. The car’s engine may not meet the emissions standard set by the state, or the car could have a faulty part which makes it dangers to operate.
When a driver takes his or her car in to be inspected and fails the inspection, that driver is considered to be put “on notice.” This means that the driver is essentially told to no longer operate his or her car on the road. The driver is given extra time to fix the error and ensure that the car is safe.
Once the car is given a failing score, he or she will no longer be able to get a registration for the car. This means that the car will no longer be issued a plate, which also means that the driver will not be able to operate the car on the road.
Does the Other Driver’s Failed Inspection Sticker Affect my Case?
If the other driver is operating a car after failing inspection, it can mean a number of things. It depends largely on the inspection. It will only help in showing that the other driver was negligent in hitting your car.
If the inspection discovered that the driver’s car was no longer safe to operate on the road but yet the driver got on the road regardless, this does show negligence on his or her part.
In fact, if the safety risk is significantly high and the result of the accident is death or serious injury, this negligence borders into recklessness. It would therefore be considered an aggravating factor in terms of determining liability, fault, as well as damages.
Recklessness is important when it comes to serious car accidents. If death or serious injury occurred, the court may want to find a punishment that speaks to the driver at fault. They want to prevent this type of behavior from occurring again, and they do this through what are known as punitive damages.
These damages are particularly harsh and are only given in situations where the driver who was at-fault was recklessly in his or her behavior that led to the accident. Depending on the inspection and what part of the car was not considered safe to be on the road, punitive damages could come into play.
For instance, if the engine could suddenly fail while the car is being operated, but the driver took the car on the road anyway, you could argue that he or she was recklessly and willful in his behavior in putting others’ lives in danger by being on the road in an unsafe car.
An attorney will be able to advise you as to whether this is a possibility for your case and what types of damages could be available to you.
Contact an Attorney Today
If you have been in a car accident and are not sure if you need a lawyer, it never hurts to contact an attorney to ask any questions you may have. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
