You may not think about your brakes too often, but they are necessary to control an inherently dangerous vehicle. Your brakes are the first line of defense against an accident. If you were involved in an accident where the other driver’s brakes might have failed, you could be entitled to compensation.
In this instance, it is crucial to determine where liability falls for the accident. Under the best of circumstances, brakes on a vehicle have a limited lifespan. Eventually, all parts of the braking system will wear out and need to be replaced.
How long that takes is dependent on several factors, such as driving habits, city or highway driving, and the materials used on the brake rotor and brake pad. If you suffered an accident-related injury during an accident that was not your fault, you could be entitled to compensation for injuries and property damage.
The Columbia auto defects attorneys of Goings Law Firm, LLC understand the financial, physical, and emotional burden that can happen after a significant car accident. We encourage you to call our office at [phone -number] today to schedule your free consultation and case evaluation. You could sit down with one of our legal professionals, who will review the details of your case and answer your questions.
Why Brakes Can Fail
Functional brakes depend on several working parts. As you depress the brake pedal, pressure is applied to the brake line that contains brake fluid. The brake fluid responds to the pressure on the brakes and moves to the front or rear wheel brakes. Pressure on the lines pushes the disc or the drum against the wheel, using friction to slow down the vehicle. At any point in that process, the brakes can fail.
- Leaky brake line: A leak in the brake line will reduce the amount of fluid until there isn’t enough to cause pressure from the pedal to depress the disc or the drum.
- Worn-out discs: When the brake pads are so worn out they cannot put enough friction on the wheel to stop the vehicle, the brakes can fail.
- Poor maintenance: Brakes should be inspected, and the parts replaced as needed. When a driver is negligent in the maintenance of their vehicle, faulty or improperly tended parts can cause an accident.
- Improper installation: If any part of the brake system is improperly installed, it can cause the brakes to fail. For example, if the brake pads or rotors were installed incorrectly or if an inspection fails to find a leak in the brake line, the mechanic performing the maintenance on the vehicle may bear some liability for the accident.
- Defective brake parts: In some instances, defective parts may have been delivered to the mechanic from the manufacturer. When any component part of the brake system is defective, it can cause the brakes to fail. This can include brake pads, rotors, calipers, and the hydraulic brake system.
Determine the Cause of Brake Failure After an Accident
It is crucial to determine the cause of a car accident after it occurs. This helps your personal injury attorney identify those parties whose negligent behavior may have been at the root cause of the accident.
The steps investigators with Goings Law Firm, LLC take may vary depending on the information from the police accident report, our clients’ information, and the type of accident that occurred. We may use an independent mechanic to evaluate the vehicle. This mechanic can help highlight the cause of the accident and determine whether the maintenance mechanic or manufacturer was negligent.
Additionally, we evaluate the pictures of the scene of the accident and may use an accident reconstruction specialist to help determine what happened. Eyewitness testimony, video footage, and information from others at the scene of the accident all help to build a picture from which we try to determine who was at fault.
For example, if there were defects in the anti-lock brakes, the manufacturer may hold liability, or if there was an error in the installation of the brake pads, the mechanic might also be liable.
What to Do After a Brake Failure Accident
After a car accident, the burden of proof for recovering compensation falls on the injured person. You and your personal injury attorney must gather evidence that demonstrates how the accident happened, the injuries and property damage you incurred, and that the injuries and property damage you sustained were a direct result of someone else’s actions or inaction.
To achieve this, it is important to gather evidence at the scene of the accident if you are able. Document your injuries and vehicle damage by taking photos. Pay attention to your surroundings and notice whether any business in the area has surveillance videos.
Get the names, addresses, and phone numbers of any eyewitnesses. Ensure the police officer attending the scene of the crime takes eyewitness statements and records them in the police report. We recommend that our clients get medical attention as soon as possible after the accident.
Your healthcare provider will validate your accident-related injuries, and your visit demonstrates your desire to maintain good health. Always follow the recommendations of your healthcare provider. If they recommend seeing a specialist, prescribe medication, or ask you to see a physical therapist, it is crucial to your case that you follow the recommendations.
After the accident, do not post any images or status reports on social media. Insurance adjusters are adept researchers and will look for evidence to disprove your insurance claim. Information you post, pictures, or even pictures your friends post can be easily misinterpreted to support the insurance company’s narrative that you are not as injured as you claim to be.
Who Is at Fault for a Brake Failure Car Accident?
In South Carolina, victims of a car accident must prove the at-fault party was negligent and caused their injuries. To recover damages, we must prove:
- The driver of the other vehicle (or another at-fault party) breached their duty of care to the public and was negligent
- You were injured because of that negligence
- Your injuries are a direct result of the negligent act
While you cannot recover damages for injuries that were not a direct result of the accident, a skilled attorney may help you recover damages if the accident exacerbated a pre-existing injury.
In South Carolina, as long as you are not more than 50 percent at fault for the accident, you can still recover compensation. If you are partially at fault for the accident, the compensation you receive is reduced by the percentage of fault that’s assigned to you.
For example, if your case proceeds to a personal injury lawsuit, the judge may find you were 25 percent at fault for the accident. In that case, the compensation the court awards for your injuries and property loss will be reduced by 25 percent.
Contact an Experienced Brake Failure Car Accident Attorney for Help
The award-winning attorneys of Goings Law Firm, LLC understand the frustration and anxiety that accompany a serious accident. You may be overwhelmed by the financial, emotional, and psychological effects of the accident.
When an insurance company fails to honor its financial obligation, it only adds to your stress and financial burden. Our attorneys are aggressive negotiators while working on a settlement with the insurance company and skilled litigators should your case need to go to court.
We fight hard to protect the right of our clients to receive compensation for their injuries. Call our office today at (803) 350-9230 for your free consultation and case evaluation.
