Brake Failure in Car Accidents
Fortunately, true brake failure is rarely the cause of an accident. It is reportedly less than 5% of the total amount of car crashes in the country. Cars usually have two breaking systems and if one fails, there is a backup. Even if the main system malfunctions, most vehicles retain some control of the breaks. Break failures that cause accidents are usually related to larger vehicles like trucks, trains and boats.
Brake failure as a cause of an auto accident is very hard to prove. Many people just do not want to admit they made a mistake or are reticent to have their insurance rates go up and will cry brake failure as the cause of the accident. A driver could be considered negligent in a brake accident if there is proof his mechanic informed him of brake issues before the accident and he did not have them maintenance. Short of that, unless there is a manufacturer’s recall, it is hard to prove.
Several things could cause brake failure in a car. If the brakes have overheated, it may have caused some damage to the brake pads or rotors. Hydraulic lines can also cause a problem, if they are not properly attached. Modern technology has all but erased the chances of brake failure. New age dual circuit brake systems do not fail with the regularity of the old-fashioned drum system brakes. Anti-lock brakes are commonplace now as well. Anti-lock brakes keep the wheels and tires from locking up when the brakes are hit hard.
The best way to avoid car accident from brake failure is to keep your brakes maintained. Grinding noises or squeaks in the brakes when driving can be a sign of trouble and it should be checked out immediately. Brake fluid must also be tended to. It is essential to properly working brakes and must be completely changed ever other year at least. Many brake fluids contain glycol, which begins to draw moisture immediately. If it isn’t changed regularly, moisture builds up, and makes the brake fluid less effective. While new vehicle owners manuals do not always mention changing the brake fluid, it is important.
A manufacturer can be found negligent in a car accident caused by brake failure. The laws of product liability dictate that the manufacturer can be held liable for damages caused by a faulty product from either faulty design or manufacturing process. The faulty design must be proven in court for negligence to stand.
Brake failure is incredibly hard to prove in court. Much will depend on outside circumstances such as witness reports, and evidence at the scene. It is helpful to keep detailed records of everything pertaining to the accident and brake failure. Pictures, police reports, insurance communications and medical expenses should be careful documented in detail. Being in any accident is scary. A car accident with a brake failure is especially frustrating because of how hard it is to prove. Remain calm and document everything to make things as simple as possible.
If you or a loved one have been injured in a car accident, you will need a Sacramento car accident attorney with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.
Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.
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