What happens if defective brakes cause an accident?
If you believe that your brakes were broken or defective and it led to your accident or injury, there are some professionals you should turn to for some key opinions.
Brakes are one of the most important components of a car. They play an important role in the driver’s ability to maneuver and avoid dangerous situations. If the brakes are defective or if their installation is not done properly, liability for a resulting automobile accident may not lie with the driver.
Incorrect braking accidents
When the brakes fail it usually means that the driver loses his or her ability to stop the vehicle. Even a delayed reaction of the brakes can be enough to cause a large number of collisions. The most common type of car crash related braking problem is the standard rear-end collision. If a car’s braking system fails completely, the speed at which the car collides can cause serious personal injury and property damage.
Almost as dangerous as the inability to stop is the inability to predict a stop. If there is a problem with a car’s brakes, the vehicle may slow down or stop unexpectedly. Another sign of problems with a vehicle’s brakes is stopping when the driver applies light pressure on the brake pedal to simply slow the car down. If the response behavior of the braking system has been changed, this can quickly lead to a collision.
Incorrect brakes can also lead to uneven braking. If a vehicle brakes unevenly, it can be pulled to one side of the road, which can cause a collision or force the car off the road and sometimes even turn around.
Are your brakes broken?
Brakes are one of those parts of a car that requires regular maintenance and replacement. If you fail to take care of your brakes and replace the brake pads, it does not mean that your brakes are faulty. In this situation, the driver who is responsible for maintaining the vehicle would likely be liable for an accident caused by non-serviced brakes. However, if parts of the braking system have to be replaced frequently, it could be a sign of improper installation or faulty parts.
Automobile manufacturers have strict regulations that determine when to make recalls for the safety of drivers. If a recall has been issued for your vehicle make and model, it is now your responsibility to follow and complete the recommended maintenance procedures, especially for a part that is as important to safety as your brakes.
Determination of liability
In almost all cases of rear-end collisions, the rear driver is held liable for the accident. There is a strong precedent that the rear driver must leave enough space between the vehicles to brake in time. However, if faulty or defective brakes contributed to or caused your accident, liability may fall elsewhere.
Brakes that are defective by the manufacturer can fall under product liability or can be attributed to negligence. Both of these are common causes of personal injury lawsuits, and any experienced personal injury attorney can advise you on your best next steps.
Image by Jacob Tumak via Unsplash.com.
In some cases, problems with the braking system can result from improper installation or other decisions made by an auto repair or maintenance technician. You may be able to use their negligence to erase your name and no longer be responsible for the damage and injury caused by your accident.
However, proving that there was an error installing an auto part after an accident can be challenging and requires the assistance of technical experts.
What do you do next
If you believe that your brakes were broken or defective and it led to your accident or injury, there are some professionals you should turn to for some key opinions. A lawyer should be your first call, even before repairing your car. You will need to keep your vehicle in a secure parking lot until it can be checked by an expert and your lawyer can recommend the best course of action.