Car stalls and causes serious crash, who is to blame if anyone?

Convicted Driver Insurance

Routemaster

Member
Ok some years ago a friend had a car that randomly stalled when he took his for off accelerator. The problem was a faulty EGR valve in the engine. If he had pulled out from a junction or roundabout and the engine cut out causing another vehicle to collide with the stalled car, who would be to blame, especially if the other driver was injured after colliding with the stalled car? Could the driver be charged with careless or dangerous driving even though it was a fault of his vehicle that's not covered by MOT testing?

I'm interested because I saw a TV program where a car pulled out onto a main road in 3rd gear. He didn't have the acceleration and a van hit him injuring him and his passenger, although in this case the driver had been drinking but in addition to DD he was also charged with careless driving.
 
In the second case, the drink driver selected the wrong gear, which caused the vehicle to stall, so yes, that is driving without due care and attention. The only problem was the poor driving.
in you first hypothetical scenario, if the driver is aware of a fault in his car, but continues to drive it, and that fault then leads to an accident occurring, they I would argue that he is using a vehicle in a dangerous condition, contrary to the Road Traffic Act 1988:
[h=4]Using vehicle in dangerous condition etc.[/h]A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—
(a)​
the condition of the motor vehicle or trailer, or of its accessories or equipment, or

(b)​
the purpose for which it is used, or

(c)​
the number of passengers carried by it, or the manner in which they are carried, or

(d)​
the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person.]


 
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