Driving defensively and safely requires the driver to exercise caution and good judgement. One of the elements of driving defensively is focusing on the road and responding quickly to any dangerous situation.
For example, when another motorist swerves into your lane or cuts you off on a highway, you are expected to hit the brakes to avoid a collision. However, what if the vehicle has a brake defect and it is not possible to avoid the accident? Unfortunately, in situations like these, it is beyond the driver’s control to avoid a car crash.
In many situations, the driver realizes that his or her vehicle has a brake defect until it is too late. How is fault determined in car accidents caused by brake failure? We asked our Philadelphia brake defect accident attorney from The Law Offices of Greg Prosmushkin, P.C., to outline everything you need to know about car crashes caused by malfunctions or defects of the brake system.
Causes of brake failure
Unfortunately, drivers tend to rely on their brakes to help them avoid dangerous car accidents 100 percent of the time. However, many of these drivers fail to properly inspect and maintain their brake system in a good condition.
There is no going around the fact that many car manufacturers and brake manufacturers sell defective or dangerous brakes and never recall them, putting other motorists, their passengers, and pedestrians at risk of bodily injury or death.
But manufacturing and design defects are not the only cause of brake failure accidents, contrary to the popular belief. Our experienced brake defect accident attorney in Philadelphia explains that many times, car crashes can be caused by improper inspection or maintenance, failure to routinely inspect and maintain a vehicle and its parts and components, and failure to properly address and fix any brake-related issues in a timely manner.
Liable parties in brake failure accidents
These problems can be caused by multiple parties, including but not limited to:
- the driver of the vehicle with a brake defect;
- the auto manufacturer;
- the brake manufacturer;
- parts department workers; and
- auto mechanic.
Regardless of whether you are a driver whose faulty brakes caused a car accident or a driver who was injured when another vehicle with a brake defect crashed into your vehicle, you may be entitled to compensation.
If you are a driver who was injured in a car accident caused by a vehicle with faulty brakes, you might be able to sue the other driver if your Philadelphia brake failure accident attorney can prove that the other motorist failed to perform adequate inspection and maintenance of his or her vehicle.
If that’s the case, your lawyer will have to find an expert witness who can testify about the other motorist’s conduct. That would require comparing the other driver’s conduct to the that of a reasonable driver to see what a driver who exercised reasonable care would have done differently in terms of inspection and maintenance of his or her vehicle.
The vast majority of high-speed accidents caused by brake failure result in serious bodily injury or death. However, even low-speed collisions can result in serious injury and even death. Injuries caused by brake defects include but are not limited to back and neck injury, brain injuries, broken bones, lacerations, internal bleeding, and many others.
Speak to our Philadelphia car accident lawyers at The Law Offices of Greg Prosmushkin, P.C., to determine who can be held responsible for your car crash caused by faulty brakes. Call our offices at 215-543-7220 to schedule a free consultation.