You’re late now. You get into your car without thinking about that squeaking you’ve been hearing for the last couple of weeks, turn on the ignition and drive away. Is it the brakes? Who knows?! Might not be anything and you aren’t going to check on it today but you will later.
Now, picture someone is suddenly cutting you off on your way to work. When you try to brake, your car doesn’t act appropriately. You go down. All of a sudden, that minor maintenance issue that you ignored has become a much larger issue. And a whole lot worse, you’re now facing unforeseen legal ramifications.
This is how small auto maintenance issues can develop into legal disasters. Even if someone else caused the accident, most drivers do not understand that their lack of simple maintenance can make them partially or fully liable. Let’s look at how this happens and your options to defend yourself.
The “Small” Maintenance Mistakes Most People Ignore

Nobody wants to pay for auto repairs, especially when the car is still running. But the most common maintenance issues that drivers ignore might also be the most damaging in court.
Here are examples:
- Tires that are worn out. Bald or under-inflated tires reduce traction, especially in rain or snow, and can quickly create loss of control.
- Not having good brake lights. If your brake lights are out, the guy behind you has no warning. It could be your fault if he runs into you.
- You might think squeaky or worn brakes are alright. However, worn brake pads or broken rotors can delay stopping time by seconds or more.
- Cracks in windshields. A small crack can hinder your view, and especially in cold temperatures, a small crack can become worse over time.
- Burned out headlights. It is unsafe to drive at night, or in bad weather with only one headlight.
None of these issues seem that bad on their own, but they might cause or contribute to a crash at the wrong time. And then you are not just dealing with the mechanic, you are dealing with attorneys and insurance companies.
When Small Issues Turn into Big Legal Problems
You could be held “negligent,” even if you were involved in an accident and your vehicle was not in proper working order. “Negligence” is a key term in both an insurance investigation and a court of law.
Let’s say your brake lights were non-existent. After you are rear-ended by someone, the rear driver would be responsible. However, if your brake lights did not let them see you slowing down, it is possible you could share the blame, or be completely responsible.
Depending on what state you live in, this is called comparative negligence, or contributory negligence. In some places, you could be denied 10 % of your compensation for every 10% you were determined to be at fault.
In other places, you may not receive anything at all, if you are determined to be more than 50% at fault.
Now think about the following situation. You have a tire that has been inherently dangerous due to a lack of tread, but you never replaced it, and the tire blew out when you were on the freeway.
In the event of a collision from that tire blowing out, you could be liable for any resulting damages. In addition, if someone is injured, or killed, you could even be charged with a crime.
In these circumstances, hiring a seasoned car crash attorney will be an essential resource to determine liability and properly defend your case.
What the Law Says About Vehicle Maintenance
Legally, drivers have to have their vehicles in safe operating condition, and that’s not just a strong recommendation. Once you are in the driver’s seat you accept this important legal responsibility.
To further enforcement, most states have laws that establish a vehicle inspection program. And please don’t think that is enough. Even if you passed your annual inspection, the courts may still hold you responsible if your automobile is out of shape and that directly contributed to a collision.
Depending on the circumstances you could receive a citation for:
- Driving a unsafe car
- Operating a defective equipment car
- Careless Driving
You could even face lawsuits or criminal charges (and that is not even counting the insurance companies).
How Insurance Companies Use This Against You
Insurance adjusters are solely responsible for limiting the amount of money the company pays. They will use every piece of evidence to say that your vehicle was not maintained properly to deny your claim or assign blame to you.
This is how it works:
- The adjuster inspects your car after an accident, and they learn that your tires are bald.
- They decide that you were able to stop or steer less safely because of your bald tires.
- Based on that, they determine that you are partially or sometimes fully responsible.
- Your claim either gets decreased or denied outright.
- You either lose your insurance or your rates increase.
If your car was not in a safe condition, it does not matter if you drove cautiously. The law…and your insurer, expect you to do basic maintenance.
Simple Ways to Protect Yourself
All of this is avoidable. You don’t have to be a mechanic to maintain the safety of your vehicle. You only need to keep up with a few basics, and then take the initiative to resolve smaller issues before they become larger issues.
Here are some basic things to keep yourself safe and within the legal boundaries of the law:
- Tires: Tread and air pressure need to be checked frequently. Replace once worn.
- Brake system: If you hear squeaking, grinding, or generally feel a soft pedal, you need to have your brakes checked immediately!
- Lights: Check to make sure that your headlights, brake lights, and turn signal lights are all functioning regularly. Change any burnt out bulbs when they do go out.
- Fluids: Along with checking your oil, you need to check brake fluid, coolant, and windshield washer fluid, all often.
- Windshield wipers: Wipers should be exchanged at least once per year. Poor visibility can be just as dangerous as poor brakes.
- Dashboard lights: Never wait to address any dashboard lights. Those lights are illustrations of a problem.
It is also a good idea to maintain a history of vehicle repairs and maintenance. Retain your receipts, document dates, and what exactly was done. Should you ever find yourself in front of a judge, this history may be your only defence.
Final Thoughts
Accidents happen and nobody expects one to occur. However, when it happens to you, you certainly don’t want to be in the position of being legally liable for ignoring your brake problem, or putting off replacing a bald tire.
The cost of a lawsuit, insurance denial, or worse, someone getting hurt – is far greater than minor discomfort from an easy maintenance task. Your car maintenance is more than just safety for your car. It’s about safety for everybody on the road – including you and your passengers.
So now is the time to get that blinking warning light taken care of, or to tackle that repair job you’ve been putting off. You could easily save yourself some legal headaches tomorrow with just a bit of work today.