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Periodic safety inspections can help reduce the risk of car accidents caused by faulty vehicles. If you’ve been in one of these crashes, our Portland car accident lawyer from Tillmann Law Personal Injury Lawyers can pursue compensation on the victim’s behalf.
Some jurisdictions require drivers to have their cars inspected periodically for safety concerns. Even though Portland, Oregon, does not currently have such a law, the police still have the power to keep unsafe vehicles off the city’s roads by issuing repair orders and citations for equipment violations.
Our firm has recovered millions of dollars in financial compensation for injured clients in Portland, OR. Our founding attorney has over 17 years of experience standing up to at-fault drivers and their insurers after a car crash.
Call us today at (503) 773-3333 to set up a free consultation to learn how we can help with your case.
When you suffer an injury due to a crash involving a defective vehicle, our Portland personal injury lawyer can help you in these key ways:
Crashes caused by equipment failures can raise complicated legal issues surrounding liability. Contact Tillmann Law Personal Injury Lawyers to schedule a free consultation with a Portland car accident attorney to discover your best path forward.
Oregon requires car emission testing but does not require safety inspections. The Oregon Department of Environmental Quality generally does not examine any equipment on the vehicle other than the exhaust system during an emissions test.
Instead of requiring all owners to have their vehicles inspected, the state focuses on the cars with visible faults. Specifically, under Oregon Revised Statutes section 810.510, police agencies can set up checkpoints where they conduct roadside equipment inspections. Officers can issue repair orders or citations to drivers of defective vehicles.
If the officer issues a repair order, the driver can avoid a fine by having the vehicle fixed. If the driver receives a citation for an equipment violation, they may face a fine of $85 to $500, with a presumptive fine of $165.
Officers can also stop visibly unsafe vehicles. If a roadside inspection determines that the vehicle is so defective that it endangers others, the officer can issue citations for operating a dangerous vehicle. This is a more serious traffic violation than an equipment violation, with a fine generally between $135 and $1,000.
The vehicle systems that commonly cause equipment-failure crashes include:
Even if not required by law, voluntary periodic vehicle inspections can potentially catch safety issues related to these systems before they cause a car accident.
The liability for a car accident caused by equipment issues may fall on many parties, such as:
A negligent driver may try to shift the liability for a crash to their car. However, this defense might not work if the driver knew or should have known the vehicle was defective and acted irresponsibly in getting it fixed.
For example, suppose a driver knew their vehicle was overdue for maintenance, or they smelled or heard something that might indicate an issue. A skilled Portland car accident lawyer can assert that the driver failed to use reasonable care when they continued to drive the car instead of getting it checked.
In Oregon, manufacturers are strictly liable for injuries caused by product defects that existed when it left the manufacturer’s hands. This principle applies to both vehicle and auto part manufacturers.
Thus, if a crash investigation reveals that the equipment failure was a manufacturer’s defect, the manufacturer may be partially or fully liable for the resulting crash.
Mechanics must provide reasonably competent services. If a shop fails to exercise reasonable care in its maintenance or repair services, it may be responsible for a crash caused by its incompetence.
For example, a shop may be partly or completely liable for an accident that occurs if a mechanic leaves one of the lug nuts off after installing a tire and, soon after, that car’s tire failure causes an accident.
Determining liability for a vehicle malfunction in Oregon can require a detailed legal analysis. At Tillmann Law Personal Injury Lawyers, we have in-depth knowledge of local regulations and can accurately determine whether you have a valid case. Contact us to schedule a consultation with our Portland car accident lawyer and explore your legal options today.