Drivers might be concerned that if they didn’t push the brake or their brake failed before crashing into another vehicle, they’ll automatically be liable for the resulting accident. Sometimes, however, a vehicle could fail to brake for various reasons. The court would take into account these potential reasons when determining who’s liable for a car crash due to brake failure.
Is It the Driver’s Fault?
Typically, car crashes are caused by distracted drivers who failed to brake in time to avoid a crash. If you didn’t brake in time because you were driving distractedly, the court would hold you partly liable for all the injuries and damages that ensued, explains a car crash lawyer from Feldman & Lee PS in Lynnwood. This is because traffic offenses that negatively impact the safety of other road users are considered proof of negligence in itself.
Is It the Fault of the Brake’s Manufacturer?
What if you hit the brakes to avoid a collision, but it failed to take hold? In cases like these, you need to prove to the court that you indeed hit the brakes on time and that the brake failure wasn’t a result of your actions. Additionally, states require that all drivers maintain their vehicles and its components, so you need to show proof that the brake failure wasn’t caused by lack of maintenance. If this is the case, you might have a product liability claim against the brake manufacturer because their product was defective.
Is the Other Driver Responsible?
In plenty of car crash accidents, both drivers acted negligently before the resulting collision. For instance, you might have failed to hit the brakes to prevent crashing with another car that was over speeding. In this scenario, you and the other driver would be both at fault. You need to check your state’s comparative and contributory negligence laws to determine if you could claim damages since you’re partially at fault for the car crash.
Summing up, you could experience brake failure due to many things, so it’s relatively challenging in proving liability in car crashes involving brake failure. With this in mind, if you were in a crash involving brake failure, seek help from an experienced car crash attorney to determine if your case has merit.