Rear-End Collisions Caused by Faulty Brakes
A rear-end collision is one of those car accidents you hate to be in. You could be sitting at a red light or stop sign, minding the rules of the road, only to have another motorist collide with your vehicle from behind.
Suddenly, you are dealing with an incident that most likely did not have to happen in the first place if the other driver had been paying attention. The silver lining is that liability in these types of incidents is pretty straightforward and typically lands on the rear-ending driver.
But what happens when the tailing driver blames the incident on their faulty brakes? It is not an easy defense to prove but it can be done.
Take the Right Steps to Prove Faulty Brakes
If you were behind the wheel of the vehicle with faulty brakes that caused a car accident, the very first thing you should do is make that claim immediately. That means at the very scene of the incident.
You should get out of your car and make it known that your vehicle’s brakes failed. You should then make sure not to drive your car away from the accident scene. Your credibility will quickly disappear if you opt to drive a car you just claimed has faulty brakes.
Get it towed directly to a garage to have it checked out. You should have your vehicle’s brakes checked by a qualified and neutral mechanic. Waiting a couple of days will make it difficult to prove the condition of the brakes at the time of the incident.
When it comes to the reason for the brake failure, it must be relatively obvious, like a broken hose. The more difficult it is to find a reason for the failure, the less likely it will be believed that your brakes failed.
When it comes down to it, the only failure that will rid you of liability is one that is sudden, complete, unexpected and unforeseeable. If you were following too closely or driving distracted and had a partial brake failure, it can be argued that you were still acting negligent and that was the real cause of the incident.
In another instance, if you do not regularly maintain your vehicle and then your brakes fail, you could still be liable. This is because it means the brakes were slowly failing over time and an eventual failure was foreseeable.
Regardless of the exact circumstances surrounding your car accident, it is essential that you get the help of a lawyer.
Car Accident Lawyers in Chino Hills Fight for You
If you or a loved one suffered a car accident, the right lawyer will go a long way in making sure you are properly compensated for any losses. The Paris Firm in Chino Hills has a dedicated team of lawyers experienced in car accident claims.
Furthermore, they handle personal injury claims as well, so if you suffered an injury in the incident, you can turn to them for help. They have been helping clients successfully recover damages since 1994 and are more than ready to help you too.
Fill out the online contact form to speak with an experienced lawyer today and see what they can do for you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.