As a driver, you have a general responsibility to make sure you operate your car safely at all times. Obviously, there are certain situations where this is impossible, such as when your car’s brakes go out and you’re left speeding with no ability to slow your car down. While these situations are out of your control, California law maintains that as long as you’re behind the wheel of the car, you’re responsible for your and every other driver’s safety.
Failing to control your car when the brakes go out, unfortunately, usually leads to an accident. And while your actions played no part in the failure of your brakes, you may be wondering if you are responsible for any damages that came from the accident.
Free Consultations After a Car Accident in California
Understanding your legal options in the event of a car accident is extremely important. The various rules and regulations that the state of California has regarding driving can sometimes be confusing and overwhelming. That’s where the experience and expert knowledge of Maison Law can help. Our team of experienced and dedicated California car accident lawyers can explain the law to you and how it applies to your situation. More than that, we offer a sympathetic ear to any client and will help you get through this challenging time.
If you have been in a car accident, contact us today for a free consultation.
Am I At Fault If My Brakes Go Out?
Car accident law in California, as with other states, is based on negligence. Establishing negligence is the key to determining liability–or who is responsible for damages–in a car accident. There are four elements of negligence in a car accident:
- Duty of care – A legal duty owed to the injured person by the driver. In this scenario, you have the legal duty to keep other drivers safe, regardless of other factors like your brakes going out.
- Breach of that duty – When an accident happens, regardless of the cause, you have breached your duty to keep other drivers safe.
- Suffering an injury – When a car accident injures someone, even if it’s caused by circumstances out of your control, satisfies this element of negligence.
- Damages – The last element requires proof that the driver breached their duty and caused the injury (also known as “proximate cause”).
Generally, with negligence established, the at-fault driver is responsible for paying any damages to the injured person. However, in scenarios where the accident was caused by brake failure, you may not be the only responsible party. :
- The brake manufacturer
- The car manufacturer
- The rental company, in the event that you were driving a rental car
The percentage of liability depends on several circumstances. If you simply weren’t paying attention and slammed on your brakes and they went out, then you will likely incur more of the liability for the accident. However, if the car’s brakes simply failed out of nowhere, the manufacturer could be found more liable. No matter what caused the accident, a combination of you and these other parties will likely be held liable for damages.
Moreover, California has a “comparative negligence” statute, which means that the other driver’s potential recovery is reduced by their percentage of fault in the accident.
Why Do Brakes Fail?
Aside from your engine and tires, the most important part of your vehicle is the brakes. This is because brakes control your speed and allow you safely maneuver around other vehicles. While there are certain warning signs that your car’s brakes need work, most of the time they will simply go out while you’re driving. This, obviously, is extremely dangerous and can lead to serious accidents. Here are some of the most common reasons brakes fail:
- Loss of brake fluid – Loss of brake fluid is the most common reason brakes fail. Brake fluid transfers the force you give by pushing down on the brake pedal to the brake disks that slow and stop your car’s wheels. You should always make sure your brake fluid is at appropriate levels, and you can usually detect a leak by looking underneath your car. If you do detect a leak, you shouldn’t drive and should have your car looked at immediately.
- Brake cylinder failure – Your car’s brake cylinders are the part of your braking system that compresses the brake fluid. When a brake cylinder goes bad, your braking system loses power.
- Brake booster failure – There is another important part of your car’s braking system that can go out, known as brake boosters. These parts amplify the force that you generate when you press the brake pedal. If the brake booster goes bad, the brakes won’t respond when you press the pedal.
If you begin to suspect your brakes are going to fail while you’re driving, you should immediately pull off the road so you won’t cause an accident. However, if you do cause an accident and are found to be liable, you will have to cover any damages that the accident caused to other drivers.
Experienced and Dedicated California Car Accident Lawyers
When a car accident happens because of brake failure, it can be extremely frustrating. Otherwise safe drivers can find themselves at the mercy of malfunctioning car parts that can lead to accidents that cause injuries to another driver. Unfortunately, California law maintains that you are responsible for every other driver’s safety when you get behind the wheel. No matter what caused the brake failure, you may have to deal with the fallout. At Maison Law, our team of dedicated and experienced car accident lawyers can help victims of car accidents get the support they need.
If you would like to learn more about your legal options in the wake of a car accident, contact us today for a free consultation.
