If you got rear-ended, or if you were hit at an intersection by a driver who seemed to have lost control of his or her vehicle, you may suspect that a brake failure was to blame. In fact, the other driver might have even told you that his or her brakes failed when you exchanged insurance information at the scene of the accident. If this is the case, what are your legal rights, and how can you recover your accident-related losses?
Filing a Claim for a Car Accident Caused By a Brake Failure
When a brake failure leads to a car accident, there are several parties that can potentially be to blame. Depending on the circumstances involved, the driver, the vehicle’s owner (if different from the driver), the vehicle’s manufacturer, and a dealership or repair shop that worked on the vehicle could all potentially be liable for your injuries.
Most brake failures occur for one of the following reasons:
- Brake defects (i.e. issues with the way that brakes are designed or manufactured)
- Faulty brake jobs
- Failure to repair or replace work brakes
If your accident resulted from a brake failure, then recovering your losses will start with determining which of these factors was to blame. This will require a comprehensive investigation, and it will be important for you to hire a lawyer as soon as possible.
Was a Brake Failure Definitely the Cause of the Accident?
While brake failures do occur, they are relatively rare—especially in comparison to the frequency with which drivers make mistakes behind the wheel. As a result, in addition to investigating the possibility of a brake failure, it will be important to investigate the possibility that the other driver was negligent in causing your accident as well. For example, common forms of driver negligence that can lead to rear-end collisions and intersection accidents include:
- Distracted driving (i.e. texting, following GPS directions or looking at objects outside of the vehicle)
- Impaired driving (i.e. driving while fatigued or under the influence of alcohol or drugs)
- Running a red light, running a stop sign or attempting to “beat” a yellow light
- Recklessly changing lanes or weaving through heavy traffic
- Speeding up in stop-and-go traffic in order to prevent someone else from changing lanes
Regardless of the circumstances involved – whether your accident resulted from a brake failure, driver negligence or some other factor – you can seek compensation for your injuries, and you should consult with a car accident lawyer about your legal rights. You can minimally file for personal injury protection (PIP) coverage, but you may be entitled to significant additional compensation as well.
Discuss Your Claim with Fort Lauderdale Car Accident Lawyer Joseph Maus
For more information about recovering your losses from a car accident in Fort Lauderdale, schedule a free, no-obligation consultation at Maus Law Firm. To discuss your legal rights with attorney Joseph Maus in confidence, call 855-999-5297 or tell us about your accident online now.