If you have ever been involved in a car accident, you know that the experience can be frightening. Unfortunately, car crashes are all too common on America’s roads. According to the National Safety Council (“NSC”), approximately 38,800 people were killed in car accidents in 2019. Additionally, that same year about 4.4 million people were hurt enough due to car crashes to require medical attention. While these numbers, according to NSC, show a 2% decline from 2018 numbers, it still means tens of thousands are being hurt or killed each year because of car accidents.
Brake Failure Accidents
When a car accident happens because of brake failure, it may be harder to determine who is at fault for the crash. If the accident is truly because of defective brakes, then the injured victim may seek financial damages from several different persons or companies.
Additionally, the driver of the vehicle may allege that he or she is not responsible for the victim’s damages because he or she had no knowledge that the brakes were faulty and totally lost control of the vehicle. This defense may not be sufficient to avoid legal and financial responsibility, however, because drivers have a legal duty to keep their vehicle’s brakes in good working order under Nevada law. So, even if a mechanic fails to realize that the brakes were defective, it is still the driver’s responsibility to keep the vehicle in working order.
While there may be several causes of brake failure accidents, a driver may successfully argue away liability for a car accident if he or she can establish:
- The underlying reason for the brake failure;
- That nothing happened prior the crash to alert the driver to a brake issue, or to any other issue that later led to brake failure;
- That the vehicle had been recently inspected prior to the accident and proper maintenance had been performed on the car, including the brakes;
- The cause of the crash was something that happened after the vehicle’s inspection, or the cause of the brake failure was not reasonably discoverable from a routine inspection.
Should a driver be unable to argue any of the above convincingly, he or she would have ultimately admitted to a failure in maintaining working brakes on the vehicle. Without clearly establishing all of the above, a driver may be found negligent for the accident and held responsible for monetary damages. If however, evidence shows that the vehicle had a problem and the attending mechanic did not remedy the issue that eventually led to the car’s brake failure, the mechanic and auto shop could be found liable.
Seek Legal Help
If you have been hurt in a Nevada car crash and the other driver is claiming that the cause of the accident was brake failure, seek legal advice from the experienced personal injury attorneys at H&P Law. Car accident claims can be complicated, and brake failure is a specific area of the law that involves both personal injury and product liability. Our skilled attorneys will investigate the facts and seek the monetary compensation you deserve. Contact us at our Las Vegas or Henderson office to speak with one of our attorneys.
