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.