Being in a car accident – especially one that feels out of your control – is incredibly stressful. Right now, you may be wrestling with questions about fault and how to get compensation.
This article will help you determine whether a mechanical failure may have contributed to your Las Vegas car accident. Jack Bernstein Injury Lawyers stands ready to help you fight for your rights.
| Key Takeaway | Explanation |
|---|---|
| Mechanical failures go beyond normal wear and tear. | They involve sudden malfunctions of car parts like brakes, tires, steering, etc. |
| Warning signs before the accident are crucial. | Unusual noises, dashboard lights, or odd handling may indicate an impending failure. |
| Don’t repair your car immediately. | This preserves important evidence for your claim. |
| Multiple parties may be liable. | This includes manufacturers, mechanics, and potentially even the car’s owner (in certain cases). |
| Nevada operates on comparative negligence. | You may still have a claim even if a mechanical failure wasn’t the only cause of your accident. |
| Expert analysis is often essential. | Jack Bernstein Injury Lawyers works with mechanics and accident reconstruction specialists to prove fault. |
What is a Mechanical Failure? (And What It’s Not)
When a car part stops working as it should, it can lead to a serious accident. This is called a mechanical failure, and it’s different from these situations:
- General Wear and Tear: All car parts eventually wear down with use. This is normal and expected. Mechanical failure often happens suddenly and without obvious warning.
- Driver Negligence: Mistakes made by a driver, like speeding or texting, are not the same as a malfunctioning car part.
Common Mechanical Failures
Some car parts are more prone to sudden failure. If you experienced an accident, consider these possibilities:
- Brakes: Loss of braking power, grinding sounds, or a “mushy” brake pedal can all be signs of failure.
- Tires: Blowouts, tread separation, and slow leaks can cause the driver to lose control, especially at high speeds.
- Steering: Sudden difficulty turning, shaking, or pulling to one side point to possible steering system defects.
- Airbags: If airbags didn’t deploy as expected, they may have been defective or improperly installed.
“Red Flags” Before an Accident
Sometimes, there are warning signs something is wrong with your car:
- Strange Noises: New squeaks, rattles, or knocking may indicate a failing part.
- Dashboard Warning Lights: Ignoring those illuminated icons can be dangerous.
- Odd Behavior: If the car pulls to one side, doesn’t handle well, or feels different to drive, it needs to be checked out.
Important: If you noticed any of these signs before your accident, it’s crucial to mention them when discussing your case with Jack Bernstein Injury Lawyers.
Could a Mechanical Failure Have Caused Your Accident?
Figuring out what caused a car accident can be tricky, especially if you don’t have any experience with vehicle mechanics. Here are some tools and questions to help you start thinking about the possibility of mechanical failure:
Scenarios
- Rear-end Collision: If you were stopped and hit from behind, mechanical failure on your part is less likely (though not impossible).
- Loss of Control: If your car swerved, wouldn’t turn, or stopped braking unexpectedly, a mechanical fault may be the culprit.
- Single-Car Accident: Hitting a tree or guardrail without another car involved often points to either driver error or a problem with the vehicle itself.
Questions to Ask Yourself
- Did the car feel wrong? If something felt off or the car wasn’t responding the way it should, it could point to a mechanical issue.
- Was there total loss of control? In some cases, mechanical failures can make it impossible to operate the vehicle safely.
Preserving Evidence
If you suspect a mechanical failure, take these steps immediately:
- Don’t repair your car: This could destroy vital evidence needed to prove your claim.
- Keep the vehicle safe: Store it securely to prevent tampering.
- Black box data: If your car is newer, it may have a black box that records information before a crash. Retrieving this data can be crucial.
The Role of Experts
It takes a trained eye to truly determine if there was mechanical failure. Jack Bernstein Injury Lawyers works with:
- Professional Mechanics: Can examine your vehicle to identify faulty parts or systems that may have contributed to your accident.
- Accident Reconstruction Specialists: These experts can analyze the accident scene, vehicle damage, and other data to pinpoint the cause.
Understanding Liability: It’s Not Always the Other Driver
We often think accidents are solely the fault of one driver. However, mechanical failures introduce additional layers of responsibility. Here are the parties that might be liable:
- Manufacturers: If a design flaw, defective part, or known recall caused the failure, the manufacturer may be held responsible.
- Mechanics: If a mechanic made negligent repairs or failed to identify a necessary fix that led to the accident, they could be liable.
- Owners: In specific cases, owners can be partially liable if they ignored clear signs that their car needed maintenance.
Assessing “Shared Fault”
Nevada operates under comparative negligence laws. This means even if a mechanical failure partially contributed to your accident, you may still have a valid claim. Your percentage of fault will reduce the amount of compensation you can receive.
Unique Legal Landscapes
Mechanical failure cases often fall under the umbrella of product liability law. This area has additional rules regarding the burden of proof and who is responsible. Jack Bernstein Injury Lawyers has extensive experience navigating product liability and personal injury claims.
Insurance Challenges: When Mechanical Failure is Suspected
Insurance companies aren’t eager to pay large claims, especially when complex issues like mechanical failure are involved. Here’s what to expect:
- Initial Resistance: Don’t be surprised if the insurance company questions whether a mechanical failure truly caused your accident.
- Independent Investigation: Jack Bernstein Injury Lawyers initiates its own investigation, hiring experts to independently establish the cause of the failure.
- Tactics for Maximizing Claims: We’re prepared to combat lowball offers and push for fair compensation. The thoroughness of your medical documentation will be crucial.
Navigating the Process: What to Do Next
Don’t try to handle the complexities of a mechanical failure claim on your own. Here’s how to get started:
- Gathering Evidence: Collect any maintenance records, witness statements about prior malfunctions, and technological resources (black box, dashcam) that could be relevant.
- Timelines are Crucial: Acting quickly is essential, as Nevada has a statute of limitations on these claims.
- Seek Legal Support: Jack Bernstein Injury Lawyers can take over the process and guide you strategically.
Your Case, Your Rights, Our Mission
Facing an accident caused by a mechanical failure can feel overwhelming and isolating. We want you to know – you are not alone. Jack Bernstein Injury Lawyers specializes in handling complex legal situations just like yours.
When injuries occur due to someone else’s negligence or a defective product, you deserve fair compensation. This includes:
- Medical Expenses: Both past and future treatment costs related to the accident.
- Lost Wages: Income missed due to injuries and recovery time.
- Vehicle Damage: Costs for repair or replacement of your car.
- Non-Economic Impacts: The pain, suffering, and emotional distress caused by the accident.
Jack Bernstein and his team are dedicated to fighting for your rights. Our mission is to secure the maximum compensation for your case, allowing you to focus on healing and rebuilding your life.
Mechanical Failures in Car Accident Claim FAQs
Look for unusual car behavior before the crash, total loss of control, or scenarios where another driver was clearly not at fault (rear-ended at a stop).
Don’t have your car repaired immediately, preserve evidence like maintenance records, and contact an experienced attorney.
Yes, Nevada’s comparative negligence laws mean you may still have a valid claim even if a mechanical failure wasn’t the sole cause of your accident.
You may still have a strong case against the manufacturer for not properly notifying you, especially if the recall is related to the failure that caused your accident.
Ideally, records of the repairs, statements from other mechanics about improper work, and expert analysis will strengthen your claim.
Nevada’s statute of limitations applies, but these cases are time-sensitive in terms of preserving evidence. Act quickly.
Never accept a settlement offer without consulting a lawyer first. You may be entitled to much more.
Jack Bernstein Injury Lawyers can work with medical and financial experts to assess the full, long-term impact of your injuries to pursue the maximum fair compensation.
We handle all aspects of your case, from investigation to negotiation to litigation (if necessary), so you can focus on your recovery.
Mechanical failures add a whole new level of complexity to car accident claims. Jack Bernstein Injury Lawyers has the experience and resources to navigate these challenges and fight for the best possible outcome.
Contact Us for a Free Consultation
If you have been injured in a trucking accident due to negligence, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
