Every driver has probably had the thought or fear that they their car will suddenly malfunction. Such a malfunction could cause them to get into an accident. A malfunction of any type can be catastrophic. However, brake failure presents a scary situation. No one wants to be coasting down the highway to suddenly find they cannot brake properly. In this situation, they would not be able to slow down or stop when needed. What happens if you are in an accident after a brake failure, whether major or minor? Is the person whose brakes failed always at fault? Or, is brake failure something out of the driver’s control for which he or she cannot be held accountable?
If your brakes fail, it seems likely that an accident will be a rear-end collision. In most cases, the general rule of thumb is that the driver of the vehicle that rear-ended the vehicle in front is at fault. However, when the accident is because of brake failure, the answer to whom is at fault is not simple to answer. When a part on your car malfunctions, whether the brakes or something else, the liability could lie with other parties. As a result, when you are in an accident because of failing brakes, the victim in the situation is not just the party who was rear-ended. Also, the driver of the vehicle that hit the vehicle in front of them can be a victim.
There are different parties that might be held liable for a brake failure accident:
- Product Manufacturer: If the manufacturer that made your car’s brakes produced faulty parts, that manufacturer may bear liability for the accident and the resulting damages.
- Car Mechanic: If the mechanic installed your car’s brakes incorrectly and caused the brake failure, that mechanic may bear liability for the accident and the resulting damages.
- You: As much as we may want to blame others for our problems, you may bear liability in some cases if you knew your brakes were faulty.
If you did not know about any lingering brake issues, and the accident is your first indication of something being wrong, it is important to approach the situation in the right way from the beginning. Therefore, you should take the proper steps immediately.
Make sure to explain that you hit the brakes, but nothing happened from the very beginning. In fact, you can make this claim to your insurance provider. Additionally, you can also tell the other party or parties to the accident, etc.
Stay at the scene of the accident to speak with the police regarding the accident so they can make a police report. This report will become valuable in any future litigation that ensues.
Contact an experienced personal injury attorney. An attorney will help you figure out what happened and the next steps you should take. This includes any claims for damages you might have.
The personal injury attorney at Dennis Hernandez Injury Attorneys is here to help. Brake failure can be very scary, and we want to hold the responsible parties accountable. We also want to help you recover the damages you may deserve. Contact us today for a consultation.
