Getting into an accident due to brake failure can be an extremely terrifying situation with serious, and sometimes fatal, consequences. Finding out whether the brake failure is a result of your own misuse or is due to a manufacturing problem can be a very complicated and confusing process. This is why you must fully understand the circumstances of your crash.
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This will help you identify your options available to you and evaluate the steps that you should take to strengthen your legal stance. It will also prepare you for any possible liabilities and legal problems you may be facing. Read through our article to find out who should be held responsible when an accident occurs due to brake failure.
Why Your Brakes Failed
As soon as you get into an accident resulting from brake failure, you may not know how to act. However, it is important to understand that if you were not able to avoid the accident at all, you will most likely not be held liable for the accident. When brakes fail, the driver usually hits the vehicle right ahead of them with great speed. If the crash was inevitable, and the driver wasn’t able to swerve or avoid crashing into the car, then it most likely wasn’t their fault. This applies only if the driver took all necessary safety measures and precautions and had no idea that the brakes would fail unexpectedly. If they had faced a similar problem before or had prior knowledge that their brakes weren’t working in a good condition, and still chose to drive the car without getting the problem checked or fixed, then the driver might be held responsible for the accident.
Don’t Leave the Crash Scene
A huge indicator for whether a person is responsible for a crash or not is if they leave the crash scene prior to investigation. This not only shows that the accident was avoidable, but it also shows that the driver was aware of their legal liability and their faults. Upon investigation, maintenance records will show whether the driver kept up with the necessary maintenance and checkups to ensure that all of their car components are working effectively. The driver will be held liable for the accident if they failed to keep up with maintenance and repair work.
Maintaining Your Vehicle
As mentioned above, it is important to keep up with your vehicle’s maintenance requirements. Otherwise, if you get into an accident as a result of brake failure or a similar issue, you will be considered the responsible party for the crash. If you can show records of your regular car maintenance, repairs, and check-ups, you will be able to prove your innocence. If you fail to follow your mechanic’s recommendations, such as replacing your brake pads after surpassing a certain mileage, you will be held responsible due to your inability to maintain your vehicle. The specialized lawyers at https://www.herrmanandherrman.com/trucking-accident-lawyers/break-failure-accident/ advise victims to gather all the necessary documents as evidence to help support their claim. If you were diligent with your car maintenance, you will be able to prove so to your insurance company and the court of law.
Gathering Witness Testimony
Sometimes, you will have to get the testimony of a witness to further strengthen your case. If the witness doesn’t immediately say anything about a brake failure, this can hurt your case. Mentioning the brake failure would be crucial and not something to be left behind and forgotten. This is because experiencing a brake failure would be something truly terrifying to both the driver and passengers if there were any. If brake failure wasn’t mentioned as soon as the accident occurred and was brought up at a later date, it may look like the driver is trying to avoid liability. If the driver and the witness mention that the brakes failed unexpectedly, making the crash unavoidable, the driver’s case would be made stronger.
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