The car’s driver would usually bear fault for not maintaining a safe vehicle, not watching for signs of a brake problem, and not paying to get repairs. In some cases, a mechanic, a car manufacturer, or a brake parts maker could be liable.
If you are struck by a California driver who claims a brake failure caused a collision, a skilled attorney can help you determine who should pay for your recovery. Maison Law offers a free, no-obligation case consultation to help you figure out what your injuries and damages are worth, and how to hold an at-fault party’s insurer fully responsible.
The Driver’s Responsibility on California Roads
Under California’s Civil Code CIV 1714. the responsibility of all people to show care and caution to those around them is laid out in legal terms. It’s a “duty of care” to avoid actions that might cause harm to others. One must also not fail to take action that might prevent accident risks for others.
Both can apply to California drivers, especially the lack of action in the case of failed brakes. Drivers and car owners would be negligent if they allowed brakes to go too long without inspections and repairs. Any accident caused by a brake breakdown would usually leave a driver liable for the damages caused.
There are a few other parties involved in car assembly and maintenance that could also bear some responsibility after an accident blamed on a brake failure.
- A car repair shop: The owners and operators employing mechanics could be held accountable if an employee made a mistake when installing brake pads or when replacing brake lines.
- Brake manufacturers: The companies that make brake pads, brake lines, and brake drums and discs can be liable if a defect causes a brake failure. A recall may be in place by the company. A lawyer could also show that a recall should have been issued.
- A car manufacturer: In some cases, the design issue is with the car manufacturer. The way brakes work (or don’t work) with the car’s design could be the cause of a problem that leads to a car accident. A recall might also be in place. A California car accident lawyer would be checking with the National Highway Traffic Safety Administration (NHTSA) for important recall information.
In California, several parties can be held liable for the same accident at the same time. It means Maison Law could file claims against a driver and a manufacturer at the same time. It’s a great idea to have a skilled attorney handling your case and investigating all parties that may have contributed to a mechanical failure accident.
Winning Support for Victims in Brake Failure Accidents
A brake failure can lead to a devastating accident. A negligent driver who ignores squealing brakes for weeks might be on a freeway when brake pads give way, leading to a frightening rear-end collision.
A brake failure on a boulevard might lead to a vehicle rushing past a red light and into a T-bone accident. Because victims can’t slow down upon seeing an inevitable collision, the impact force can be all the greater, putting drivers, passengers, motorcyclists, pedestrians, and bicyclists at risk.
More serious injuries can require money to cover a longer recovery in the hospital, on an operating table, and in physical therapy. Victims are also usually away from their jobs longer, meaning insurers will have to cover more paychecks lost.
A skilled attorney would tabulate every hardship victims have endured and make sure an insurance claim demands this support and more:
- All medical bills, covered! (for as long as necessary)
- A lifetime of support for permanent physical disabilities, covered!
- The pain associated with a collision and difficult recovery, covered!
- The emotional trauma caused by a scary accident and debilitating injury, covered!
- All lost wages and benefits at work, covered!
- Costs of travel to see doctors and out-of-town specialists, covered!
- Bills to fix or replace damaged vehicles, covered!
When You May Need a California Car Accident Lawyer’s Help
If your accident involves a serious injury, it’s always a good idea to speak with an experienced California car accident lawyer before talking to a careless driver’s insurer. A serious injury can include any bone fracture, a neck or back injury, or a Traumatic Brain Injury (TBI).
Find out what your injury case should be worth before insurance adjusters try to convince you that you won’t need a lot in support.
To find out about your best options, take advantage of a free case review with Maison Law.
There’s no obligation for your free case review, but if you feel Maison Law can help you earn more for your claim, you don’t have to worry about having money to hire us. There are no upfront costs. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement money you and your family receive.
