Who’s Really Liable for a Car Accident Involving Bad Brakes?
Drivers owe other drivers a standard duty of care that states that they must give them care under the circumstances, which means that they must protect other drivers no matter what it takes. Here is an example: When you enter the roadways, you know that you aren’t supposed to text and drive. Therefore, if you were texting and driving and an accident happened because of it, somebody could bring a negligence claim against you. What happens in cases involving faulty brakes on vehicles?
“The Rear-Ender”: A Popular Accident After Brake Failure
You have definitely seen pictures and videos of rear-end car accidents, and you may have even seen one happen in “real life” or been involved in one of these accidents yourself. This is the typical car accident scenario where another car strikes your vehicle from behind. Most of the time, these accidents can easily be written off due to a driver following another too closely, traveling too fast, driving distracted, or driving under the influence of alcohol or drugs. Though not every accident involving brake failure is a rear-end, a vast majority of them are. Would a driver be liable for these incidents?
Brake Failure: Manufacturer or Driver Liability?
Product liability law sometimes covers brake failure accidents. However, you will have to be able to show first that the brakes causing the accident are actually defective. Sometimes there are class action lawsuits opened when a certain part of a vehicle is deemed defective, as it has probably failed for many people if it happened to you, too. Perhaps the defect was in the manufacturing process and the car was just poorly made. Perhaps the design aspect was defective, such as the entire line of vehicles had the same defective brakes. You and your attorney must be able to prove that the defect was unreasonably dangerous and caused your injury. If the vehicle was not changed substantially, you will probably win your case, as manufacturers owe you a legal duty of care.
However, sometimes the brake failure is due to the negligence of another driver. Perhaps the brakes were actually defective, but the driver continued to drive their vehicle even though it was in dangerous condition. Maybe they knew about the brake issue and it would have made sense to fix the condition, but they decided to take the car onto the roads anyway. Maybe a car mechanic knew about the condition but failed to alert the driver, which means that they could also be liable for the brake failure. As you can see, these cases could cause many parties to be liable for injuries, so it helps to investigate every aspect of your claim.
At the Los Angeles Injury Group, we have experience in many types of car accident cases and want to help you in your time of need. So, no matter who you believe caused your accident, start with an attorney you can trust with your case. Call us today for a free consultation at 310-954-7248.
Sources:
https://accident-law.freeadvice.com/accident-law/auto/auto_accident_product_liability.htm
