“I lost control of my vehicle” is arguably the most popular lie motorists tell one another after a car accident. Indeed, convincing the other motorist that the crash was caused by brake failure in your vehicle may help you avoid liability, but it is not that simple.
Although in some cases motorists blame brake failure for causing their car accident when some other factor was responsible for the crash, there are many cases in which faulty or defective brakes are the actual cause of a car accident.
“If the other driver is trying to convince you that the car crash was caused by brake failure in his or her vehicle, do not be quick to believe him or her, let alone accept a low-ball settlement offer, as this might limit the value of your case,” advises our Pittsburgh brake failure crash attorney at Shenderovich, Shenderovich & Fishman.
The same goes for situations when you believe that the car accident was caused by brake failure in your vehicle. Do not be quick to tell the other motorist that your faulty or defective brakes caused the accident, as this might sound as if you are admitting fault. Wait for the investigation to reveal the actual cause of the crash, as admitting that something was wrong with your vehicle when you are not certain about it is not going to help you win your case.
Contrary to popular belief, you may still be held liable for the damages and losses caused to the other party if your car accident occurred as a result of brake failure in your vehicle. Yes, it is true that when brakes fail, the driver of that vehicle cannot control the vehicle, but that driver’s actions may still fall below the standard of reasonable care when operating or maintaining his or her vehicle.
“The mere fact that your brakes failed, which, as a result, caused the car crash is not proof that you were not negligent and cannot be held responsible for the accident,” explains our experienced brake failure accident attorney in Pittsburgh.
In many car crashes caused by faulty brakes, the driver of the vehicle that experienced brake failure is held liable for the resulting losses and damages if the other party can prove that the motorist did not properly or regularly inspect and maintain his or her vehicle.
If it’s been years since you took your vehicle to an auto mechanic to conduct inspections and maintenance, you will most likely be held responsible for the crash because your failure to properly maintain the vehicle caused the brakes to become faulty.
Even if you had an auto mechanic inspect your vehicle but ignored the mechanic’s recommendations to repair or replace certain parts and components, you will still be held liable for the resulting damages and losses caused by your improperly maintained car.
When the police arrive at the scene, do not forget to mention to them that you had problems with your brakes. If you do not do this, do not be surprised if insurance companies refuse to believe you when you bring this up out of the blue in the course of the claims process.
Let’s discuss your particular case with one of our Pittsburgh brake defect accident lawyer from Shenderovich, Shenderovich & Fishman. Call our law offices at 888-988-9467 to schedule a free consultation.