Being involved in a car collision can be a very frightening experience that is all too common in America. When a car crash is due to brake failure, it can become more complicated to determine who is to blame for the collision. If there truly was a brake failure, there are several people or entities that may be responsible. The driver of the vehicle will claim that he or she is not responsible for the property damage and injuries of the victims because he or she could not control the brakes and had no knowledge that they were faulty.
Drivers are required to keep their brakes in good working order by Nevada law. This ultimately puts the onus on the driver as even if a mechanic fails to notice defective brakes, it is the driver’s responsibility to realize this. If you have been injured in an accident as a result of brake failure, contact a Las Vegas auto accident lawyer immediately.
Though drivers are responsible for their brakes, there are some instances in which the driver may successfully argue that they are not liable for the brake failure. In order to do this, the driver must establish the following:
If any of the above are not argued convincingly, the driver has ultimate admitted to failing in his or her duty to maintain working brakes. Without all aspects clearly demonstrated, the driver may be considered negligent and is open to personal injury suit. Speak to a personal injury lawyer immediately to take action and determine what the best course of action is best as it pertains to your situation.
If the above is shown and there was a problem that the mechanic did not remedy that lead to a brake failure and car collision, that mechanic may be held liable. This may be difficult to prove as the driver and his or her mechanic are likely to be hesitant to offer documents proving fault. It is possible for the driver with the faulty brakes to claim liability on the part of the mechanic and vice versa.
Since the default for brake failure collisions is that the driver of the car was negligent, it is his or her burden to show the brake failure was the cause of the collision and that this failure was out of his or her knowledge and control. It would be unheard of to force a plaintiff to prove the defendant’s case on his or her behalf. This in addition to demonstrating the above list to prove the driver was not negligent, the driver must also definitively show that the brake failure caused the collision. A lawyer can help specify the details needed depending on the factors of your case.
It is also possible that the driver is claiming that the brake failure happened totally out of the blue and they had no idea it was going to happen just to get out of being held liable for damages that they are truly responsible for. If it can be shown that the driver knew about the problem with the brakes and drove anyway, that would demonstrate a conscious act of negligence and would make the driver liable to all damages and subject to lawsuit.
One of the easiest ways to determine if a driver is telling the truth about a brake failure is whether they drive their own vehicle home from the scene of the collision. It may sound farfetched, but there are people that will make as obvious and silly mistakes as that. If there is truly a brake failure serious enough to cause a collision, the driver should immediately take the car to the shop and have proof of the problem and that it was resolved.
If you have been injured in a car collision and the other driver is claiming a brake failure is to blame, seeking legal advice from a knowledgeable and experienced lawyer is a good first step. The legal process is very complicated and brake failure is a niche set of laws regarding personal injury and product liability. Contact a legal representative as soon as possible to discuss your case, investigate the situation with the other driver, and get you the compensation you deserve from whomever is truly responsible for your injuries and property damage.
With over 15 years of experience helping survivors of serious car accidents get the compensation they deserve, you can trust the lawyers at Harris & Harris Injury Lawyers to provide the best legal representation with excellent service.