Few things can be as unsettling as experiencing an auto accident caused by failed brakes. The sudden loss of control, the heart-pounding seconds as events unfold—is a scenario that nobody expects or wants to face. According to a report from the National Highway Traffic Safety Administration (NHTSA), brake failures play a role in about 5% of motor vehicle accidents, and for nearly 33% of commercial truck accidents in the US.
An experienced car accident attorney in California can help you pursue a strong legal claim to maximize damages from all the liable parties following your crash.
Potential Defendants in Car Accidents Caused by Brake Failures
In car accidents caused by failed brakes, several potential defendants could be held liable based on their involvement in the operation, design, manufacturing, or maintenance of the vehicle:
- Vehicle Driver: The driver of the other vehicle could be held liable if it is proven that they failed to properly maintain their vehicle’s brakes, leading to the brake failure and subsequent accident.
- Vehicle Owner: If the vehicle involved in the accident is owned by someone other than the driver, the owner might be held liable if they were aware of brake issues or if they failed to properly maintain the vehicle.
- Vehicle Manufacturer: If the brake failure is attributed to a manufacturing defect, design flaw, or faulty parts, the manufacturer of the vehicle or the brake components could be held liable for producing a defective product.
- Mechanic or Repair Shop: If inadequate repairs, negligent maintenance, or improper installation of brake components contribute to brake failure, the mechanic or repair shop responsible for the work can be held liable.
- Parts Manufacturer: If the brake failure resulted from a defective brake component, such as brake pads or brake lines, the manufacturer of those parts could be considered responsible.
- Maintenance Company: In cases involving commercial vehicles, if a maintenance company was responsible for regular vehicle inspections and failed to address brake issues, they can be held liable.
- Rental Car Companies: If the accident involves a rental car, the rental company could potentially be held liable if they rented out a vehicle with known brake issues or failed to properly inspect and maintain their fleet.
- Car Dealership: If the vehicle was sold with known brake issues that were not disclosed to the buyer, the dealership could be held responsible for selling a defective vehicle.
Determining which parties are liable in a car accident caused by failed brakes depends on a thorough investigation of the circumstances surrounding the brake failure and the accident. An experienced personal injury attorney can assess the details of the case and help identify the appropriate defendants to hold them accountable for all damages and injuries.
Comparative Negligence in an Accident Caused by Brake Failure
Liability for an accident caused by another driver’s brake failure is generally determined based on negligence. If you had no direct involvement in causing the brake failure or contributing to the accident, you would not typically be held at fault. With that said, it’s important to note that California follows a comparative negligence rule, which means that if your actions, such as tailgating or speeding, contributed to the accident, your degree of fault could affect the outcome of potential claims.
To understand how California’s laws specifically apply to your situation, you should consult an experienced car accident attorney with knowledge of both personal injury and traffic laws. Your attorney can provide you with accurate guidance based on the details of your case and help you navigate the complexities of liability in accidents caused by brake failure.
Building a Solid Case for Compensation in Brake Failure Accidents
Accidents stemming from brake failures can lead to significant injuries and damages. To secure fair compensation, you need to identify all potentially liable parties and file a legal claim against them. Your attorney will negotiate with their insurance company for maximum damages or take the lawsuit to trial.
These are a few steps you should take to ensure a solid claim:
- Seek immediate medical attention and document injuries.
- Preserve evidence: photos, accident reports, and eyewitness contacts.
- Consult a personal injury attorney with prior experience in handling brake failure cases.
Your car accident lawyer will take the following steps on your behalf to establish liability of the negligent parties:
- Identify liable parties: driver, owner, manufacturer, or repair shop.
- Investigate brake failure causes with the help of automotive experts.
- Find evidence of poor vehicle maintenance, manufacturing defects, or inadequate repairs.
- Document economic losses: medical bills, property damage, lost wages.
- Connect brake failure to the accident and resulting injuries.
- Negotiate with insurers backed by strong evidence.
- Be fully prepared to go to trial if a satisfactory settlement cannot be reached through negotiations.
Having a reliable car accident attorney on your side can help you get the justice and compensation you deserve.
Types of Available Compensation for Failed Brake Accidents
In California, compensation for car accidents can be categorized into several types, each addressing different aspects of damages and losses resulting from the accident:
- Medical Expenses
- Property Damage
- Pain and Suffering
- Lost Wages
- Loss of Earning Capacity
- Emotional Distress
- Wrongful Death
- Punitive Damages
- Legal Fees and Costs
A resourceful and skilled auto accident attorney will help you seek all avenues of compensation to maximize damages.
Our Auto Accident Attorneys have the Experience to Take on Large Insurance Companies. Get Strong Legal Representation to Fight for Your Rights.
The seasoned car accident attorneys at Garmo & Garmo, LLP are dedicated to protecting client rights and obtaining justice. Our attorneys have a proven record of obtaining large damages for car crash victims through jury verdicts and settlements. Your fight is our fight, and we are here to represent you through every step of the process.
Schedule your free case review with our lawyers today. Call us at 404-720-8111 or contact us online.