Can I Be Liable for Not Repairing or Maintaining My Car if There Is An Accident?
Maryland law imposes numerous obligations on the owners of a motor vehicle keeping it:
- insured,
- inspected and
- up to par on emissions standards.
Seasoned personal injury and accident lawyers like Attorney Eric T. Kirk in Baltimore are also very aware that owner has an obligation to keep that car safe as well. Section 22-101 of the transportation code mandates that all owners must keep their car in such a condition that it would not pose a threat to the safety of others.
One that fails to keep their car mechanically sound and safely operable can be responsible if that failure leads directly to an accident.
In most circumstances, if you own a car, and operate it in a negligent fashion, you are going to be held accountable if there is an accident. An alternate theory of liability, in an appropriate circumstance, would be that although the car was operated in a safe manner, the overall condition of the car– poor maintenance, failure to repair a known defect– was such that simply putting that car on the road in and of itself was a negligent act. If, causation can be demonstrated- that the failure to maintain or repair caused the accident- the owner may be accountable for the accident. Proof issues in a failure to maintain or failure to repair cases can be difficult. Expert testimony is almost always going to be required. Evidence preservation considerations loom, especially where the vehicles are damaged to the extent of being declared a total loss.
I have been evaluating cases for more than 25 years I’ve handled thousands of cases in that time. I invite all potential clients to participate in a no-cost analysis and strategy conference. Contact me today to arrange a time to meet. 410 591 2835, or simply complete the form at the bottom of the page.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
