Exploring Car Accidents Caused by Brake Malfunction
Filing a Claim Following a Car Accident Caused by Brake Failure
While car accidents often result from tailgating, distracted driving, and negligence, cases
involving faulty brakes can be complex. Seeking immediate guidance from an experienced
personal injury lawyer in Nevada is essential.
Steps to Take Following an Accident Caused by Brake Malfunction
As per standard protocol following any accident, it is of utmost importance to dial 911 right
away to report the crash to law enforcement and, if necessary, ask for an ambulance. If you
suspect that faulty brakes played a role in the collision, it is imperative to take the following
three immediate steps:
● Stay at the Scene: Continuing to drive with faulty brakes is dangerous and against the
law. Remain at the scene until law enforcement permits your departure.
● Explain the Situation: Clearly articulate to the police officer, the other driver, and
witnesses that you believe brake malfunction caused the accident.
● Ensure Your Brakes are Inspected: It is advisable to have your vehicle promptly towed to
a qualified mechanic directly from the accident site.
Establishing Liability in the Case of an Accident Due to Brake Malfunction
If you suspect a brake malfunction caused the accident, seek counsel from your personal injury
attorney. The involved insurance companies, law enforcement, and legal representatives will
conduct a thorough investigation to establish liability for the collision. Under Nevada's
comparative negligence law, the driver found at least 51% responsible for the accident becomes
liable for the damages and losses incurred by the other driver(s).
To prove that the accident resulted from brake failure, two crucial factors require examination:
Identifying the Cause of Brake Failure:
In cases where brake failure results from insufficient maintenance, the driver who failed to
adequately upkeep the vehicle may bear liability for the collision. Drivers hold the responsibility
of maintaining their vehicles for the safety of other road users, which includes regular servicing,
repairs, or brake replacements when necessary.
On occasion, brake failure may be linked to improper replacement or servicing. If a mechanic's
mistake during brake system component replacement or unintentional damage during repair
contributed to the failure, the mechanic or their employer could be deemed partially accountable
for the accident.
Moreover, a manufacturing or design defect could be the root cause of the accident, making the
manufacturer or engineering company liable. In any of these circumstances, your car accident
lawyer will offer guidance and representation throughout the legal process.
Establishing Brake Malfunction:
Proving that the brakes malfunctioned is another critical aspect of a brake malfunction case.
Unless the problem is glaringly obvious and easily identifiable, demonstrating beyond
reasonable doubt that brake failure, not negligence, led to the accident can be challenging.
Hence, maintaining a clear chain of vehicle possession and conducting thorough inspections
after the accident is essential.
Seeking Damages from an At-Fault Driver Whose Brakes Failed
In many instances, your car accident law firm will collaborate with the at-fault driver's insurance
company to optimize your settlement and ensure fair compensation covering all damages,
including:
● Medical expenses (ambulance transportation, surgeries, imaging, medication, hospital
stays, therapy, and medical equipment)
● Vehicle repair or replacement
●
Incurring a loss of income because of injuries that require taking time off work.
● Anticipated medical bills for ongoing injuries or medical needs
● Pain and suffering
● Disfigurement or wrongful death in severe cases
Insurance companies typically aim to minimize payouts, often proposing swift settlements with
low offers. Never accept a settlement or sign any documentation without consulting your
attorney.
Occasionally, insurance companies may unjustly refuse equitable settlements or decline
payment for damages resulting from the accident. In such scenarios, your personal injury
attorney might recommend pursuing legal action against the insurance company or seeking
damages from the manufacturer or mechanic responsible for the faulty brakes. To succeed, you
must prove that the brakes were indeed defective, causing the accident, and that your injuries
and damages directly resulted from the brake malfunction.
In the event that you were the driver with faulty brakes, there may be the possibility of filing a
bad faith lawsuit against your insurance company if they refuse to settle your claim. Moreover, if
the accident was partly a result of the other driver's negligence, such as tailgating or cutting you
off, your attorney can provide valuable guidance to optimize your damages in such situations.
Obtaining Help Following a Car Accident Caused by Brake Malfunction
If you happen to be involved in a car collision in Nevada due to faulty brakes, you might feel
unsure about the appropriate course of action and how to swiftly resolve the situation. It is
imperative to seek counsel and recommendations from esteemed personal injury lawyers in
Nevada. Their expertise lies in aiding car accident victims, enabling them to steer you through
your circumstances and make well-informed choices. Instead of tackling the aftermath of a car
accident on your own, trust adept attorneys to lead you through the process, striving to secure
the highest possible settlement.
Benson & Bingham Accident Injury Lawyers, LLC
626 S 10th St
Las Vegas, NV 89101
Office: (702) 382-9797
Email: info@bensonbingham.com
Website: https://www.bensonbingham.com