location2914 South Padre Island Drive, Corpus Christi, TX 78415

Call Us Today for a Free Consultation

361-698-7600

Who is Liable for a Brake Failure Accident?

Posted on in Personal Injury

corpus christi personal injury lawyer Brake failure can cause devastating car or truck crashes. Frequently, brakes fail with no notice, leaving the helpless driver trying to crash in the least harmful way possible. However, in some cases, the driver may have had enough notice that her brakes were faulty that she should have gotten them fixed and avoided the wreck. The liability for a brake failure accident depends largely on which of those scenarios occurred. If you were injured when the brakes on a vehicle failed, you will want to speak to an experienced attorney as soon as possible to get you on the path to recovering compensation. 

What Are the Two Types of Liability After a Brake Failure Crash? 

Depending on the facts of your case, there are a handful of parties who could ultimately be responsible for the crash - and liable for damages. After your attorney investigates and has a better understanding of what caused the brakes to fail, he or she may bring your claim under either a products liability theory, negligence theory, or both. It is also possible to file a claim against - and recover compensation from - more than one party, if some combination of a defective product and a person’s negligence contributed to the crash. 

Driver negligence can contribute to or cause brake failure if the driver knew that her brakes were faulty, but failed to make repairs. If there was no defect with the brakes and they were simply worn down and overdue for replacement, the driver might be completely responsible under negligence law. A mechanic could also be liable under a negligence theory if they carelessly installed or repaired the brakes, and that caused them to fail 

If, however, the driver had no warning that her brakes were faulty, recovering compensation may require a little more investigation to determine who may be liable. Anyone from the manufacturer of any one component of the braking system, to the car dealership, to an auto shop could ultimately be liable depending on where along the supply chain the defect occurred. This is a fact-intensive investigation that you will definitely want the aid of a skilled attorney to help you with. 

Contact a Corpus Christi Personal Injury Lawyer

If you were hurt in an auto accident caused by a braking defect, The Edwards Law Firm may be able to help you recover compensation. Our skilled Corpus Christi brake defects attorneys will take the time to perform a thorough investigation into your accident to determine who the liable parties may be. Call 361-698-7600 for a free consultation. Do not wait long to make the call - evidence at car crash scenes can be quickly lost, and the sooner an investigation begins the better. 

 

Sources: 

https://www.acemechanics.com.au/top-7-common-causes-of-brake-failure/

https://statutes.capitol.texas.gov/docs/cp/htm/cp.33.htm

 

  • elite lawyer badge badge badge badge
  • badge badge badge badge badge
Back to Top