Brake failure can account for accidents such as rear-end collisions or crashes with other objects or vehicles on the road, and these accidents can cause serious and/or fatal injuries. If another driver’s brakes fail and you’re injured in a crash because of it, there are several parties that could be responsible. Consult with an experienced attorney, so you understand your legal rights and whether or not you can pursue a personal injury claim.
Brake Failure Due to a Manufacturing Defect or Installation Error
If you’re injured in an accident caused when a driver’s brakes fail, you may be able to file a personal injury claim for product liability. This claim would target a manufacturing defect in the car or the manufacturer of the brake or brake component that failed. You need to prove that the brakes of the vehicle were defective, and the manufacturer is the party responsible for injuries and damage from the accident.
Additionally, brake failure may be due to an installation error. If the at-fault driver’s brakes were improperly installed, the auto mechanic who replaced or serviced them could be held liable if that installation contributed to their failure.
Brake Failure Due to Owner Negligence
It’s possible for negligence to contribute to brake failure. If a vehicle owner neglects to replace their brakes if there are signs of wear, they may be at fault for not keeping them in safe, working condition. To prove negligence, you’ll need to prove that the other driver was aware that their brakes weren’t working properly before the accident and did not take the necessary steps to replace or repair them.
Contact an Experienced Car Accident Lawyer
After a car accident, it is important to consult with a car accident lawyer as soon as possible. An attorney can help protect your legal rights and ensure you get a fair settlement. An attorney will do the following to help with your accident case:
- Investigate the accident and gather evidence that can prove brake failure was the cause of the accident
- Determine what party is liable for the accident and your injuries
- Calculate what your case is worth
- Negotiate with insurance companies
- Represent you if the case goes to court
If you suffered injuries from an accident that you believe was caused by faulty brakes, contact Browning Law Firm for a free consultation.