Many states require drives to have their vehicles inspected on an annual basis for safety or regulatory purposes. When these cars “fail” the inspections, they receive a rejected inspection sticker.
Drivers are not legally supposed to be operating their cars on the road once they receive a failed inspection, but many do despite this label. How does this affect the car and driver when they are in a car accident?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
What Are Vehicle Inspections?
Vehicle inspections are required by a handful of states currently in the United States, and the purpose of these inspections is to ensure that the car conforms to regulations regarding emissions, safety or both. These inspections can be annual or only on transfer of title of a vehicle.
Currently 17 states require a periodic safety inspection while Alabama and Maryland require a safety inspection when a car is sold or title transferred and the car was previously registered in another state. Not all states require inspections and some, such as New Jersey, have only recently discontinued their programs.
What Does It Mean When a Car Fails Inspection?
It depends on what type of inspection your car failed in terms of what it means when you have been “rejected” per an inspection. Your car’s engine may not meet the emissions standards for your state, or there may be something faulty with your car, making it dangerous to operate.
Once you have failed an inspection, you are considered to be put “on notice” and are given a set amount of time from the date of the original inspection to fix the failure.
Without a passing score on your inspection, you will not be able to register your car, which means you will not be issued a license plate and will not be able to drive. You will normally be allowed to at least driver your car to your home and to get a repair sticker with no problem.
If you choose to drive your car around more than just these two locations and are caught violating the law, you could face fines or even lose your license.
Does the Other Driver’s Failed Inspection Sticker Affect my Case?
Again, it depends on the type of inspection. Normally, the other driver’s failure to pass an inspection does not affect your case and does not show any additional negligence on the other driver’s fault.
If the driver already has hit your car, he or she will already be found to be negligent due to the fact that he or she hit your vehicle. That additional fact will not change their negligence or failure to follow a duty of care while on the road.
However, the driver might be held liable for his or her negligence in willfully violating the law and putting others in danger by driving the car on the road with this safety risk if:
- The inspection failure was for something that involved the safety of the car and its ability to operate on the road AND
- The driver knew this fact and still got behind the wheel and drove the car on the road
In a situation where the injuries are extreme and severe, you may be able to seek punitive damages if the driver had a history of continually driving on violations and operating a car that has safety risks associated with it.
Punitive damages are damages meant to “punish” a driver for behavior that is risky and reckless. They are only given It is an unusual and rare situation, but it is one that could be possible depending on the driver and how often this happens.
You should speak with a personal injury attorney first to see if this is something you would want to pursue or if it would be best to pursue a simple negligence claim.
Contact an Attorney Today
If you have been in a car accident and the other driver had a failed inspection sticker, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
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.
