Imagine this: you are in an accident, you share information, and you tell your side of the story. Then, all of a sudden, the attention switches to your vehicle. Not the color or model, but its state. The brakes, the history of the tyres, the lights, and the maintenance history. The things you might not have considered in months start to play a bigger role than you could ever imagine.
When a crash turns into a legal case, things can quickly switch to, Was your car in a safe, roadworthy condition at the time? And the answer to that question can radically affect who gets the blame, how insurance is involved, and what restitution you receive.
This guide looks into how the state of your car can influence the outcome in court. By the end of it, you will understand why maintaining your car is also a matter of the law.
Mechanical Condition
Following an accident, your driving habits and the car’s health are usually in question.
Following an accident, your driving habits and the car’s health are usually in question. The investigators examine the mechanical parts. Why? If your car was not functioning properly, it might have caused, changed, or even aggravated the consequences of the crash.
Mechanical problems that may affect legal decisions include the following:
- Faulty brakes
- Worn-out tyres
- Broken indicators and brake lights
- Steering defects
- Suspension problems.
In cases where mechanical failure is suspected, a legal expert witness may be asked to assess whether the car’s condition directly contributed to the crash. If mechanical issues can be attributed to the accident, the liability might be transferred to you even when the other party seems guilty.
Tyres
Tyres usually form a major point of interest since they directly influence traction, braking distance as well as control.This is the legal truth: worn-out or under-inflated tyres can literally sink your case.
In case your tyres had less than legal tread depth or were in poor condition, a lawyer can claim:
- You couldn’t stop in time.
- You lost control because of a tyre failure.
- The crash was due to driving a vehicle that was not roadworthy.
Poor tyres can lower your compensation or transfer some or all of the liability to you,even if the crash was caused by another driver.
Brakes
When brakes are worn out and uneven, a popular defence case arises: your car did not stop because it could not, and not because you did not make the attempt.This is a convincing legal argument.
The brake condition is directly related to negligence in court. Assuming that your brakes were due for servicing or they openly failed, a lawyer can argue that:
- A good driver would have serviced them.
- You deliberately operated a defective car.
- Mechanical negligence on your part led to the accident.
You might not be responsible for the entire occurrence. But a mere percentage of joint responsibility can alter the result of a claim.
Lights and Indicators
You may think that a blown bulb is harmless. Legally, it isn’t.Malfunctioning brake lights, indicators, or headlights may seriously undermine your stance. These problems can be considered contributory factors, particularly where:
- Another motorist states that they did not notice you decelerating.
- You were turning without a noticeable indication.
- The visibility was also low,and the conditions were dangerous.
You see, even minor electrical malfunctions can hold an unexpected weight in the courtroom. They will have a direct impact on how people will view your car on the road.
Maintenance History
You may not notice it, but your records of maintenance may turn into legal ones. When insurers or legal departments examine an accident, they may demand servicing records to determine whether:
- You maintained the car’s safety features regularly.
- You disregarded warnings or defect notices.
- You put off important mechanical tasks.
- There were problems with your car that you had not addressed.
A strong, consistent history of service can also be used to reinforce your argument because it demonstrates that you have taken reasonable measures to ensure the safety of your car. Inconsistent or missing record says otherwise.
Pre-existing Damage
Maybe your car already had some damage:
- A dent that is close to a sensor
- A broken headlight
- A misaligned bumper.
The investigators check whether that was a factor in the accident.
For example:
- Wheel misalignment due to a past accident can influence steering.
- A broken taillight can make your braking less visible.
- A broken bumper can decrease impact absorption.
Maybe the pre-existing damages contributed to the extent or consequence of the accident. This may influence the compensation or liability determinations.
Modifications
Modifying a car is not a new thing. However, not every kind of change is lawful and safe. Some may radically change the crash parameters.
Investigators look at:
- Suspension lifts
- Tyre upgrades
- Lighting modifications
- Engine tuning
- Brake system changes.
Any improper modificationcan work against you in a legal case, even though it may not have been the proximate cause of the accident. By improper, we mean the following:
- It was not road legal
- It was not professionally installed
- It was not properly certified.
Road Unworthiness
Driving an unroadworthy vehicle in Australia is not only very risky but also illegal. And following a crash, roadworthiness is scrutinized by the book.
A car may be considered to be unroadworthy when it has:
- Structural rust
- Faulty steering
- Unsafe tyres
- Faulty safety features
- Electrical failures
- Problems with window and mirror visibility.
When your car is discovered to be unroadworthy during the crash, there are a few things that can occur:
- Your insurance can be refused.
- You can be partially responsible.
- You might get fines and penalties for breaking the law.
- Payouts of compensation can be reduced.
Although the other driver may be the cause of the accident, the roadworthiness influences the distribution of responsibility.
The Bottom Line
You do not keep your car in top working condition just because you want it to operate more efficiently. You also maintain it to save your legal neck. A properly maintained car enhances your credibility, your assertion, and your security. An unattended vehicle does the exact opposite.
Next time you delay that service, ignore a screeching brake, or delay changing the tyre, just remember: it is not just a maintenance problem. It’s a legal one.