Brake Failure Accidents
Most of the mechanical features on our cars work quietly in the background and are something that most of us don’t give much thought to on a day to day basis. However, while we take features like our brakes for granted, we also expect them to work perfectly when they are needed and this is especially true when we have to rely on them in an emergency situation. Unfortunately, tragic results can follow when things go wrong and brakes fail.
The Consequences of Brake Failure
Fortunately, advances in technology have mostly reduced the possibility of brake failure and statistics these days indicate that brake failures are only responsible for about five percent of annual car accidents that occur nationwide these days. However, the results of one study analyzing crash data published by the National Highway Traffic and Safety Administration indicate that when evaluating on-board systems that warn the driver about the condition of critical vehicle systems, the second most frequently occurring vehicle-related critical reason was brake failure which was assigned to approximately 25 percent of the vehicles.
Who is Liable for a Car Accident That Occurs Because of Brake Failure?
If a car accident occurs due to a brake failure, there are several different sources of potential liability including:
- The car manufacturer. If a manufacturer fails to correct defects (everything from bad labeling to poor design) before a car enters the market, it may be held as a liable party for any car accident injuries.
- The driver who hit you. If someone is driving a car they know has faulty brake pads, that person may be held as negligent if those bad brakes result in a collision.
- The repair shop who serviced the brakes. The shop may also be a liable party if a mistake they made led to the brake failure that caused the accident.
Regardless of who is responsible for the accident, you may be able to recover for:
- Costs of any medical bills related to the brake failure
- Recovery of the income you lost if you cannot work
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against the manufacturer or seller
However, there’s one more thing to keep in mind when contemplating potential compensation. Florida is a comparative negligence state. That means that even the “victim” of an accident can be found partially at fault in a car accident which, while not eliminating the ability to recover, means that a certain percentage of fault will be subtracted from the verdict award. We can all be held liable for our negligence – so maintain your vehicle regularly.
Turn to a Legal Team that Won’t Fail You
If you or a loved one was injured in an accident caused by brake failure or malfunction, you may be eligible to recover compensation. However, it is important to act quickly and discuss your specific situation with a competent attorney. As the car accident attorneys at Leifer & Ramirez, with offices in Boca Raton, Fort Lauderdale and West Palm Beach, we are committed to helping our clients get the compensation that they deserve and we are ready and available to begin advocating for your rights. We’ll be happy to answer any questions that you have as soon as you contact us today.