Brake failure is always a scary situation that can cause a lot of serious legal problems when it occurs to you. However, the liability in these cases can be somewhat difficult to understand. That’s because you may or may not be at fault in this type of crash, depending on the circumstances of your brake failure.
As a result, it is important to understand the influences on this type of lawsuit. Fully understanding the nature of failing brake crashes can ensure that you are ready to handle this type of legal problem if it ever impacts your life, whether as the person who’s vehicle caused the accident the person who did not cause it.
Failing Brakes Cause A Large Number Of Accidents
According to crash reports, brake related problems typically cause about 22 percent of all car crashes. They are particularly a problem in rear-end collisions because they make it impossible for a driver to slow down appropriately enough. There are many types of problems that can contribute to these kinds of accidents, due to the complex nature of your brakes. Just a few include:
- Worn brake lines
- Weakened brake pads
- Failure in the brake discs
- Disconnected brake line
- Failure in the ABS system
Losing control after brakes fail is a seriously dangerous and frightening situation that will challenge the driving skills of just about anybody. In most situations, it will likely be impossible to avoid some kind of damaging accident. As a result, it is important to get your brakes checked at least every 30,000 miles. This step ensures that your brakes remain in great shape and decrease the chance of failure.
However, it is also possible that your brakes may fail with little or no warning. When this situation occurs, it is a seriously scary situation. That’s because there are two possibilities that could contribute to this surprising failure. The first is a failure by the manufacturer and the second is a failure by you. In this kind of lawsuit, you want to make sure you took steps to assess the symptoms of brake issues or else you are likely on the losing end of this situation.
Assessing Your Brake Health Is Your Duty
Negligence by the driver is one of the most common causes of brake failure. For example, people may either not understand the symptoms of brake failure or ignore them. Sometimes, people are trying to avoid paying money for expensive repairs.
Unfortunately, ignorance of these types of symptoms is considered negligence by the law. That’s because you didn’t take steps to fully understand your vehicle and to ensure it was safe to drive. Just a few of the most common symptoms to watch for include:
- Squealing noises while braking
- Grinding or pulling when applying the brakes
- Difficulty slowing the car down while driving
- Shaking brake pedal while you are driving
- Loud clicking noises when hitting the brakes
- Loose brake pedal that requires excessive pressure to operate
- A large amount of drag while driving
If you were carefully watching for these symptoms and your brakes failed anyway, there is a good chance that manufacturer or mechanic mistakes may have caused this problem. In this kind of case, you want the manufacturer or mechanic to be liable, as it is the best way for you to win.
When The Manufacturer Is Liable
Proving that the manufacturer was liable is often a tricky situation in these kinds of accidents. That’s because you have to showcase the brakes of your vehicle were designed poorly and were liable to suffer from these kinds of failures. It will require a lot of research and showcasing the design of the brakes and why they were prone to fail. It also requires checking into similar cases and displaying when sudden brake failure occurred in the same model as yours.
If there are no manufacturer defects on your brakes, it is then important to talk about potential mechanic errors. Let’s say that you noticed problems with your brakes and got them repaired by a professional. If your brakes failed after this accident, your mechanic, not you, is liable for the accident. That’s because you took reasonable steps to ensure your vehicle was safe while the mechanic failed in their duty. However, this situation is complicated if the manufacturer recalled the vehicle due to brake failure.
Paying Attention To Recalls Is Essential
Recalls are one of the biggest concerns regarding liability in these kinds of wrongful death cases. Auto companies that discover brake problems with their vehicles issue recalls to ensure that people don’t get injured. They are also taking this step to ensure that they aren’t legally responsible for accidents that occur after the recall. For example, Fiat Chrysler recently recalled over 700,000 SUVs with brake defects.
This step allowed people who owned this vehicle to get their brakes fixed at no cost. While this definitely cost Fiat Chrysler a lot of money, it kept them from any lawsuit. As a result, anyone who did not get this vehicle fixed after the recall would be liable for an accident that occurred because of a brake recall. That’s because they did not take reasonable steps to keep their vehicle safe.
When buying a vehicle, it is important to pay attention to reports on recalls. If you find that your vehicle is being recalled for brake failure, get it fixed right away. Failure to do so could create a powder keg of potential lawsuits if your brakes fail and injure anyone else. It can also cost you a lot of money by making it necessary to fix your vehicle or pay off those who win a lawsuit against you.
Let Us Help You Win Your Case
As you can see, brake-failure lawsuits are a troubling and difficult situation to understand. They create a unique and challenging type of turmoil that requires a skilled professional to navigate. So if you have suffered from this kind of accident and need help defending yourself or pursuing someone who has wronged you, please don’t hesitate to contact us now.
Our professionals fully understand the complexities of Minnesota law. They have spent their whole lives mastering these kinds of lawsuits and know how to pursue them for maximum effectiveness. With our help, you can assess liability properly and manage this accident situation in a way that ensures your victory.