In a lot of cases, car crashes result from negligence such as distracted driving and tailgating. However, what if the accident results from faulty brakes? Such cases are often complicated, so victims should consider reaching out to a skilled Las Vegas car accident lawyer for advice.
Steps to Take After a Car Accident Due to a Break Malfunction
Just like other accidents, dial 911 on your phone immediately after a car accident to report the incident to the police and request emergency services if necessary. If you think the accident resulted from faulty brakes, you should remain at the accident scene. After a car accident, you should not leave the crash scene until the police arrive. You should only leave once the police clear you to leave. If you believe the accident happened because of faulty brakes, explain the situation to the police on the scene, any witnesses, and the other driver involved.
Ideally, your car must be towed from the crash site to a qualified mechanic after an accident. To strengthen your narrative about the brake failure, ensure remains on site.
Who Should Be Held Responsible for an Accident Due to a Faulty Brake?
If you believe the car accident resulted from a faulty brake, speak with a lawyer to get advice and guidance. The insurer involved, the police, and lawyers will investigate the accident’s circumstances to determine the party at fault for the crash. In the state of Nevada, the driver who is more than 50% at fault for the accident should be held liable for the damages sustained by the other driver. To prove that brake failure caused the accident, determine the following:
- Why the brake failed? If the brake failed because of a lack of maintenance, the motorist who did not maintain the car properly may be liable for the accident. Every driver should maintain their cars for other people’s safety. Car maintenance includes getting brakes repaired, serviced and replaced when necessary. In some instances, brake failure happens because of improper servicing or a poor replacement. This can be a result of mistakes made by mechanics during the repair or replacement of a braking system component. If this occurs, a mechanic or the company that employs them may be partially responsible for the accident. If the accident resulted from a design or manufacturing defect, the engineering company or manufacturer may be responsible for the resulting accident.
- Proving brake failure. Unless the issue is quite clear and easy to identify, proving the brakes malfunctioned and caused the accident beyond reasonable doubt can be hard. This is the reason vehicle position and inspection following an accident should be done.
Can You Sue the At-Fault Driver for Damages After Brake Failure?
Often, your accident attorney can work with the insurance provider of the at-fault party to help you secure a maximum settlement that covers your damages including medical expenses, vehicle repair or replacement costs, lost wages, pain and suffering, and disfigurement.
But insurers may refuse to settle your claim fairly or will deny your claim. If this happens, your lawyer may advise taking your case to trial or pursuing damages from a mechanic company or manufacturer. This means proving the brakes malfunctioned, that the crash resulted from the faulty brakes, and that the injuries and damages you sustained directly resulted from the collision.
Have you been involved in a Las Vegas accident due to faulty brakes? If so, you might want to know what to do next and how to resolve the situation quickly. You need an attorney’s advice and guidance, so you can make the right decisions for yourself and your claim.