gearchruncher
Well-Known Member
However the prosecution will target something that isn't a recommendation by a manufacturer - such as for example, a tyre that doesn't meet load ratings, or your tyre pressures weren't what they should have been at the time of the accident (I've been there, done that!). What it does for the prosecution is 'accord partial blame' thus affect the amount of damages - afforded by the judge.
Not surprising in other countries, but this doesn't happen in the USA, and the OP is from the USA.
You don't end up in front of a judge in the USA in 99% of cases unless you really hurt someone and it appears that there was egregious behavior by one of the drivers.
In the USA liability for this stuff is so low that even rental car companies don't care. I recently got a car with 20 PSI in one tire and 58 in another. The recommended is 36. I had no easy way to fix this, and didn't notice it for the first hundred miles of driving it. In sue-happy USA, if tire pressures being off was something that could make the owner liable, the rental car companies would keep track of it.