Here are frequently asked questions about car accidents involving faulty brakes. If you need a lawyer for this type of car accident, please reach out to our law office today.
If your brakes cause your rear-end accident, that does not automatically mean you are off the hook for the accident. There are two major challenges to placing blame for your collision on faulty brakes. If the brake failure was caused by negligent or improper maintenance and proving that it was the brakes that were at fault for the accident.
The first challenge is that negligent or improper maintenance of a vehicle is behind many instances of faulty brakes. And in the end, the duty to properly maintain a vehicle is the responsibility of the vehicle owner. This includes the duty to get the brakes checked regularly and replacing them as dictated by driving conditions and manufacturer's recommendations. Ultimately, if bad brakes were the cause of the rear-end accident and evidence points to vehicle maintenance issues, then you are probably at fault for the rear-end collision due to improper maintenance.
The second challenge is that it can often be difficult to prove there was a problem with your brakes. Unless the problem with your brake system is obvious and easily identified by a mechanic, it is near impossible to know with 100% certainty what caused your brake failure. This is why it is so important to get your brakes inspected as soon as you can after the accident.
Assuming you properly maintained your vehicle and can find strong evidence of faulty brakes, then the manufacturer of the brakes and/or vehicle is one potential at-fault party for the accident. It is possible that a manufacturing or design defect with your brakes led to your accident. Another potential at-fault party is the mechanic who worked on your vehicle. Maybe they damaged your brake lines while working on another part of the car. Or maybe they made a mistake when replacing some component of your braking system. Either way, the mechanic and/or the mechanic's employer might be at least partially liable for your rear-end accident.
If you are the tailing driver, you are unlikely to choose to file a lawsuit because of a dispute over whether you or your brakes caused the accident. Your car insurance company has a duty to defend and provide you with a legal defense if you get sued. They are payout a claim if it exists as long as there is insurance coverage. And as long as you meet the conditions of coverage and an exclusion does not apply, your car insurance coverage should protect you whether you or someone else was negligent concerning your accident.
However, things can be looked at differently from the car insurance company's perspective. Most notably if the true cause of the accident can make a difference in whether or not your car insurance company can get reimbursed for any money it pays out on your behalf. The car insurance company can use subrogation in order to get the $10,000 back from the party responsible for your bad brakes, such as the manufacturer of the car or a specific mechanic who worked on the vehicle. If this is the case, then you will have to cooperate with your insurance company during this process. If you have questions regarding claims with a faulty brake car accident, our law office can help you navigate the situation.
There is also the rare case where your car insurance company will not pay for damages stemming from the accident. These can be for reasons that may not directly relate to the faulty brakes. Therefore, you pay for the lead driver's damages yourself. If this happens, you could try to recover the money you paid out by suing your car insurance company for breach of contract when it refused to cover the claim. You may also try to sue the party responsible for your faulty brakes, such as the manufacturer, or the mechanic who installed them. All of this can be discussed with our law office.
If you were the lead driver, you could file a lawsuit for a few different reasons.
If any of these scenarios resemble yours, then you can file a lawsuit with the help of our law office.
Any potential lawsuit stemming from a car accident involving faulty brakes will include damages that are available in most other car accident litigation. This includes compensation for the following:
If you do file a lawsuit, remember that most cases settle long before they ever get to court.
If you are found at fault for an accident, despite the brake failure, then what happens to your insurance depends on your driving history and the overall terms of your car insurance policy. For example, if you have accident forgiveness, then your insurance coverage and your premiums will likely stay the same. However, if you have a history of accidents and/or traffic violations, you may see a higher-than-usual premium increase or have to find a new car insurance policy.
Whoever you are and whoever you are suing, you will need to bring your lawsuit on time to avoid your case getting thrown out due to the statute of limitations deadline having passed. If you need help pinpointing this, our law office can make sure you file in time. Reach out to us today to get started on a claim.
When you reach out, we can ensure that you file your claim with 100% accuracy and can help you with all legal aspects regarding the faulty brake car accident.