If you have been involved in a rear-end car accident, there is a chance it was caused by faulty brakes. In a rear-end collision involving faulty brakes, someone other than the tailing driver could be at fault. In the majority of rear-end car accidents, the tailing driver will be at fault for causing it. However, if there was nothing the tailing driver could reasonably do to prevent the accident due to faulty brakes, then there may be cause to seek a lawyer. Reach out to us today for a no-obligation consultation.
We are a law office located in Hempstead, New York and work with clients from across Long Island. If you think you were in an accident due to faulty brakes and need a lawyer, do not hesitate to reach out to us. If you get into a rear-end collision that is caused by faulty brakes, you could be facing a more convoluted car insurance claim process. And the prospect of a lawsuit might loom large. Which means having the right lawyer on your side is all the more important. Other common car accident and traffic violations we provide legal counsel for include:
The first thing you'll need to do after an accident is simply check for injuries and call 9-1-1 if needed. Then there are some steps you will need to do in order to protect yourself from a future lawsuit or insurance claim. If you do believe that faulty brakes are perhaps a contributing factor, there are three things you will want to do as soon as possible.
Explain That Your Faulty Brakes Caused the Accident
If you think that your brakes were not working correctly and may have contributed to the accident, then promptly make that clear to the other driver, any witnesses, and the responding police officers. The longer you take to bring up your brakes, the less credible the argument will be.
Do Not Drive Away from the Scene of the Accident
It is imperative to note that you do not drive away from the scene of the accident. If your brakes are truly defective, then it would be dangerous to continue driving. And any attempt to continue driving will give the impression that your brakes are not as bad as you say, since you were okay with driving your car again. It will hurt your case a lot if you continue to drive away.
Get Brakes Inspected ASAP
Lastly, after the accident has cleared, get your brakes inspected as soon as possible. Ideally, you will want to take your vehicle straight from the accident scene to a mechanic. Do not take it to a friend or family member, because you will want that objective voice in case the brakes are at fault. And with a mechanic's diagnosis, it becomes easier for the other driver, their insurance company, and all lawyers to accept the findings. It also becomes harder for any counter arguments. And by going straight to a legitimate source, then there is less of an idea that you may have tampered with your brakes to fit the faulty brake narrative for the accident.
When it comes to filing insurance claims, it depends whether or not it was fault-based or no-fault based. If the driver who got rear-ended is filing the claim in a traditional car insurance state, the car insurance policy of the person who hit them will typically pay for the lead driver's accident-related losses. Up to the liability policy limits.
When it is a no-fault car insurance state, drivers involved in the accident will file a claim with their respective car insurance companies when it comes to injuries, lost income, and certain out-of-pocket losses. However, since property damage is not usually part of no-fault claims, the insurance company of the at-fault tailing driver will normally be on the legal hook for vehicle damage sustained by the lead driver.
However, when the tailing driver claims the accident was the result of faulty brakes, the claim process will likely take longer and be more involved than your conventional car insurance claim. This is due to the complexity involved in determining the legitimacy of the faulty brakes and why having a lawyer on your side is crucial to the process.
Insurance companies love to handle this in their own ways, so the tailing driver may have a mechanic examine the brakes and prepare a report that ultimately gets forwarded to the car insurance company. And another possibility for how this works is that the car insurance company will send an adjuster to inspect the vehicle. As you see, a more complex process due to the adjustment for faulty brakes.
In the end, if the car insurance company concludes that the faulty brakes did cause the accident, then one common outcome is they pay the claim of the lead driver. Then they go after the responsible party, like the mechanic, the vehicle manufacturer, or the brake manufacturer for reimbursement depending on what is determined to be the cause.
However, if the car insurance company concludes that the accident was not caused by a brake failure, then the tailing driver can either accept that conclusion or they provide additional evidence to try and convince the insurance company. Some common steps to do so is to hire a different mechanic to inspect the brakes or taking further steps to dispute the fault. Having a lawyer who understands that faulty brakes can be a reason for a car accident is important to win these cases.
