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When Brake Failure Causes an Injuries, Who Pays for Them?

When you are involved in an accident with another driver, you may think that they are always liable for your injuries. Sometimes, these cases become vastly complicated, bringing in many legal theories as well as questions that you may not know the answers to immediately. If you are involved in an accident where brakes failed, you may be confused as to who is liable – the driver or a manufacturing company? In these cases, product liability may come into place – ultimately saving the other driver from paying compensation for your injuries.

Where Product Liability Laws Come Into Play 

If the brakes that caused the accident were defective, then you may be able to sue the manufacturer of the brakes under product liability law. The dealer who sold the car could also be held liable if they reasonably knew that something was wrong with the brakes but did nothing about it. This could be true whether the defect occurred during manufacturing or during the design process. However, to have a case, you must be able to show that the defect was unreasonably dangerous and that it caused the accident that led to your injury.

When the Other Driver is Responsible 

Just because the brakes on the vehicle failed doesn’t always mean that negligence from the other driver was not at play. What if, for instance, the driver continued to drive the car even though they were told that their brakes were defective and an accident could occur? Perhaps the brake failure occurred due to an issue in the vehicle that could have easily been resolved, but instead the driver decided to take the vehicle onto the roadways. With all of these possibilities in mind, there are many parties that could be held liable in the event of an accident.

Damages brake accidents are always going to be complex, which is why it is a good idea to speak to a personal injury attorney about your case. Especially in cases where a defective product could have been to blame, an attorney well-versed in these laws can help you get the compensation you deserve. Call us today for more.

2017-11-13T17:51:50+00:00