Who’s at Fault for Collisions Linked to Brake Failure?
Among the most likely causes of brake failure is the loss of fluid in the system, which operates on hydraulic pressure. In the event of a serious leak, the vehicle’s warning light should engage when the brakes are applied. Stop driving the vehicle and get immediate mechanical attention. A sudden leak, though, can lead to an accident with little or no warning.
Worn brake linings are another indicator of pending brake failure. A sign of this is if the pedal depresses all the way to the floor. Again, the car should receive immediate maintenance.
In addition, there are other mechanical issues. They include internal leaks, a worn or damaged cylinder and overheating (from stop-and-go mountain driving or overly aggressive driving). In each case, the brakes could fail and cause a crash, especially if you are unaware of the warning signs.
How do you prove your brakes failed?
Because so many people are untruthful about bad brakes causing an accident, you are going to face extreme skepticism whenever you make this argument. To defend yourself against negligence:
Keep your vehicle in prime operating condition. If a mechanic cautions you that your brakes need work, have the repairs made.
Never lie at the scene of an accident. If you do not mention your brakes going out immediately after the crash, it will appear obvious that you are making it up later.
Do not drive away from the scene, which would be transparently unsafe if you truly believed the brakes were failing.
Document brake repairs made following the accident. A mechanic’s diagnosis can determine the true cause of your accident.
Get legal help after your accident
If you have been in an accident because your brakes failed, the burden of proof is on you. To a witness, it may look like you carelessly crashed your vehicle without applying your brakes. Investigating police officers have heard your story before. Based on experience, they have little reason to believe you. A mechanic’s report may bolster your case. Unfortunately, you also are going to have to deal with one or more insurance companies.
If the accident caused major damage or injuries, they may be reluctant to authorize a large payout. Instead, they may ask you to accept a lowball settlement offer to keep their costs down and profits up.
Before founding his firm, Nashville car accident attorney Christopher “Kim” Thompson, of Thompson Law worked claims for insurance companies, so he knows all of their tricks. He has been successfully representing clients like you in the Davidson County area for decades. He will aggressively defend your rights while pursuing justice and a fair financial settlement for you and your family. Contact Thompson Law today for a free case consultation.
