Defending Against Car Accident Lawsuits If A Fallen Engine Contributed

29 June 2017
 Categories: , Blog

Car accident lawsuits can be a devastating type to argue, particularly if the person driving the car who caused the accident may have done nothing wrong. For example, if the car engine falls out while they are driving, they may be liable for damages in a lawsuit. Here's what needs to be understood about this type of case and how to defend it.

Engine Mounts Can Break Off

Car engines are held in place inside the car by what are known as engine mounts. These mounts are among the strongest part of a car and rarely fail. However, it is possible for them to wear down over time and end up failing. When they fail, the engine is more likely to dip. A dipping engine is likely to rub against the wheels and cause serious problems.

In more severe circumstances, the engine could actually completely fall off the mounts. When that happens, the car is likely to go out of control and cause an accident if the owner is driving at the time. Unfortunately, any accidents caused by this situation could be laid at the feet of the unfortunate driver who owned the car.

The Driver Could Be Caught By Negligence

How can the driver of the car be considered liable when their engine fell out of their car? Negligence is a powerful contributing factor to many accidents, and someone pursuing a lawsuit of this type is likely to argue that the driver in the car was negligent. The argument here is that the person with the car should have done something to prevent the engine from falling out.

Is this a fair argument? That all depends on the circumstances of the case. In some instances, it is likely possible to defend against claims of this nature. However, it requires understanding what happened and whether or not the driver could have prevented it from occurring.

These Negligence Cases Can Be Defended Against

Negligence claims in a case like this can be defended against. As an incident of a car falling out of an engine is relatively rare and rather extreme, a judge may be persuaded to believe that the driver behaved in a reasonable way when getting their car repaired. This fact is especially true if the driver had recently gotten their car inspected and the mechanics did not notice, comment on, or successfully repair the motor mounts.

However, that claim may be negated if the person being sued was told that the mounts were in trouble and did nothing to fix them. In this instance, it is a clear act of negligence on their part. Other judges may believe that failure to get the mounts repaired was the driver's fault, even if the mechanics did not notice a problem.

In cases like this, it often feels like a "he said, she said" type of situation. Thankfully, a good car accident attorney can streamline the arguments behind the case and increase a person's chance of winning it.