Defective Car Breaks and Liability - Path 411 Pain

Defective Car Breaks and Liability

Posted on : October 23, 2017

Car accidents happen for countless reasons, including unsafe road conditions, unsafe driving behaviors, speeding, and  in some cases, defective car parts. Because all car parts serve purposes, primarily safety, properly working car parts are essential for safe driving. Various parts of a car may be defective, including the wheel, tires, speedometer, warning lights, and brakes. Routine monthly maintenance is encouraged to check car parts are working properly, and optimally. In the unfortunate circumstance that you become involved in a car accident, defective brakes may have been at fault. Because brakes are one, if not the most important car part to prevent accidents, faulty brakes may make an otherwise minor accident extremely severe. Vehicle manufacturers have multiple tests to conduct, in order to check systems for testing a vehicle’s functioning in place. Defective brakes are deemed to have some of the most devastating impacts for all parties involved in auto accidents.


If you believe that defective brakes were the cause of the accident, you must be able to prove that the brakes on the other car failed, and the brake failure contributed to your injuries or car damages. You may be entitled to compensation from an entity, aside from the other driver, under product liability law. Product liability law states that if the defective brakes were the cause of the accident, you can file a claim against the manufacturer to claim responsibility. If you wish to do so, your lawyer has to prove that the defected breaks posed serious danger, were the cause of the accident and related injuries, and that the vehicle was originally sold in this defective, dangerous condition.


In addition, the brake failure may be used as evidence to prove that the other driver was negligent. A driver may be proved negligent in the case of faulty breaks, if he or she drove the car, with the knowledge of the defective brakes. If the brake failure occurred stemming from another issue that should have been resolved, before the car was driven, the driver may be sued for negligence. The driver will be held liable for injuries and damages, subject to a lawsuit. A mechanic who performed services on a car may also be held responsible, in the event that defective brakes caused an accident to occur. In most cases, it is complex and difficult to prove a mechanic liable for faulty breaks. In majority of accidents, neither the mechanic or negligent driver will be willing to sign documentation claiming that they are at fault. However, the driver may claim responsibility on the part of their mechanic, the car dealership, or another third party that somehow contributed to the accident. The third part may claim liability on the part of the driver that was involved in the auto accident.


It is usually difficult to prove that defective brakes are the cause of an accident, and thus the driver or the driver’s mechanic was negligent. A personal injury attorney with experience will know how to work through the legal process, proving that the brakes were indeed defective, or that the other driver or the driver’s mechanic had knowledge of the dangerous faulty parts, prior to the vehicle being driven. As with auto accidents, pedestrian accidents, bicycle accidents, truck accidents, and motorcycle accidents, the first step is to seek medical attention. Ensure a proper police report is taken, and exchange contact information with all involved parties, including the other driver and witnesses. Take pictures of the accident scene, your car, the other car, and your injuries, the day of the accident, and over time to observe if they worsen. The next step is to hire a personal injury attorney, to discuss the possible compensation you may be entitled to.


If you or someone you know has been injured in a car crash or truck accident and are in need of an accident attorney in Miami, Fort Lauderdale, West Palm Beach, Naples, Ocala, Orlando, Tampa, Gainesville, Jacksonville, Tallahassee, Ft. Myers or any other city in Florida –remember after 911, call 411! 1-800-411-PAIN can put you in touch with an experienced, aggressive network attorney who will fight for your rights and get the maximum compensation you deserve. Don’t forget to follow 411 PAIN on Twitter (@411PAIN), keep up with the conversation at #411PAIN and check out the 411 PAIN event gallery!


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