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What You Should Do in a Brake Failure Accident

What You Should Do in a Brake Failure Accident

Of the traffic accidents that exist, those that are due to brake failures, are perhaps the most dangerous. Statistics reveal that accidents where brakes fail, usually with the highest number of fatalities, are very dangerous. Brake failure accidents are very common throughout the United States, especially in certain states.  If you were in a car accident where you suspect someone else’s brakes have failed and were the primary cause of your injuries, you may want to contact a brake failure accident attorney.

The Hazard

The most common cause of truck crashes is brake failure. Trucks usually weigh much more than ordinary cars, which makes it much harder to stop after their brakes fail. For this reason, accidents with these vehicles are potentially devastating. However, brake failure in any vehicle is still a hazard. 

What happens when a brake accident occurs?

In the event that it is proven that there was direct responsibility for the accident, the traffic penalty code may determine that you receive financial compensation. Depending on the circumstances, the judge may determine that the driver of the vehicle that collided with you, or the manufacturer of the vehicle in poor condition, may be the party responsible for providing your financial compensation.

Traffic Laws

Therefore, you will need a car accident lawyer with extensive work experience in the field and who knows all the jurisprudence on accidents due to brake failures. Traffic laws are very demanding when it comes to the burden of proof of a brake failure lawsuit process.

What happens when the cause of an accident alleges brake failures?

In some cases, it is possible for a driver to successfully allege that they cannot be blamed for causing brake failure accidents. While this is not the most common case, it is one that can happen, so your legal representative should warn you about it. In such circumstances, the driver must be able to demonstrate that what caused the brake failure is not the driver’s responsibility. The driver would have to prove that nothing had previously happened that would put the driver on alert for brake failures.

Regular Checks

Thanks to the danger posed by collisions caused by brake failures, traffic authorities must inspect the brakes of cars and trucks on a regular basis. However, this is not done all the time, so the risk of brake failure collisions is always present. Not regularly checking the operation of the brakes on vehicles is one of the most common causes of accidents. Most cases of brake failure are discovered after an accident has occurred.

Determining the party responsible for the accident is very important

When a vehicle’s brakes have not been properly inspected and are defective, there is a risk of a brake failure accident occurring. However, it is not so easy to determine which party bears the legal responsibility. In a scenario like this, the driver of the vehicle or truck is likely to be held responsible for the collision, or the legal responsibility will fall on their employer (such as, for example, the transportation company).

If the brakes were not properly maintained, the driver of the vehicle may be found guilty of the accident. On the other hand, if the responsibility for maintaining the brakes of the vehicle falls on the transport company, then it will be this company that must be held responsible for the accidents caused by brake failure.

Find a Legal Representative

Be sure to contact a legal representative who knows all the traffic legislation and can defend your case for financial compensation. Choose an attorney with experience handling cases of this type, so they can help you with every aspect of the case.  Reach out to a car accident attorney Lancasterlocated.