Countless car accidents happen every day. Most of them happen because of driver error, such as running a red light or driving too fast in poor weather. However, some serious car accidents happen even when the driver does nothing wrong. Accidents caused by defective brakes, for example, can happen even when both drivers obey all traffic laws. These types of accidents are complicated because product liability laws come into play and, ultimately, more than one person may be liable for the accident.
Who is liable for a defective brake accident?
Defective brakes are simply brakes that do not work as intended. This could mean brakes that do not stop the car or brakes that lock up, causing the car to skid out of control. Defective brakes can cause deadly accidents, especially when larger vehicles such as semi-trucks are involved.
You can recover compensation for a defective brake accident; however, determining who is liable for an accident caused by defective brakes is complicated and often requires the skills of an attorney. This is because even if there is proof that the defective brakes caused the accident, it still may be unclear who is liable for the defect.
Brake Manufacturer: The first place an attorney will look after a defective brake accident is the manufacturer. If the original brake design or the manufacturing process was flawed, the manufacturer is on the hook for the cost of accidents resulting from the defective brakes.
A parts manufacturer can also be liable if it supplied defective brake parts.
Driver: In some cases, the driver may ultimately be responsible for defective brake accidents. For example, if the driver notices warning signs, such as grinding or squeaking brakes and difficulty stopping, the driver may be responsible for neglecting to get his/her brakes fixed. This is especially true if the manufacturer recalled the brakes and the driver did not get the dealer to replace the defective brakes.
Retailer or Inspector: Sometimes a seller, such as a car dealership, could be liable for selling a vehicle with defective parts.
Mechanic: A mechanic or auto shop can also be liable for a defective brake accident. If a driver took his/her car to a mechanic for a checkup and the mechanic failed to notice an obvious brake defect, s/he could be partially responsible for the accident.
How can I help win my case?
Working with a Fort Lauderdale products liability attorney is the best way to win a defective brake accident case. At Montero Law Center, we will gather the evidence you need to prove that your brakes or the other driver’s brakes were defective. Our attorneys will work with brake experts to recreate your accident and find the root cause of the crash.
Even if you were partially at fault for the accident, you still might have a legal claim against the brake manufacturer, a dealership, or a mechanic if your brakes were defective. Contact the Montero Law Center at 954-767-6500 to find out more about how we can help.