Brake failure is a common cause of car accidents, particular rear-end and side-swipe collisions. Brake failures can happen for several reasons, and the resulting accident can cause serious injuries and even fatalities to the car occupants.
If you or your loved one has been injured in a car accident caused by brake failure, you may be entitled to compensation. This may include accidents where another driver’s brakes failed and they hit you, or an accident caused by the failure of your own brakes.
Making a compensation claim for a brake failure accident may be complex, and it may involve more than one party as defendants. Fortunately, an accident caused by brake failure lawyer in Mount Pleasant from George Sink, P.A. Injury Lawyers may be able to investigate your accident and identify the liable party or parties when we represent you.
We can also pursue them for compensation in an insurance claim or personal injury lawsuit on your behalf.
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Understanding Brake Failure and How It Can Occur
A braking system is a group of car components that work together to slow down or stop a vehicle when a driver engages them. Common causes of brake failure include:
Negligent Owner Maintenance
Car owners must inspect their brake pads for wear and replace parts as needed. If ignored, a driver may cause a serious accident and injury when their brakes fail.
Negligent Mechanic Maintenance
Other times, the mechanic who was responsible for safely installing or maintaining a brake system can cause a brake failure accident. This can include:
- Improper pad or rotor installation
- Insufficient brake pedal pressure
- Incomplete brake installation
- And more
Defective Brake Components
Sometimes, a defective brake component causes a brake system failure. This may include:
- Brake pads
- Brake rotors
- Brake calipers
- Hydraulic brake system components
- And more
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How to Determine the Cause of Brake Failure After an Accident
A Mount Pleasant accident caused by brake failure attorney from George Sink, P.A. Injury Lawyers can investigate your accident to identify its cause when we represent you.
Determining the cause of a brake failure accident may follow slightly different steps compared with other car accident claim investigations. We may bring in a neutral mechanic for evaluation. This mechanic may help us highlight the system that caused the accident, the cause, and whether negligence was involved.
Apart from independent mechanical evaluation, our investigation may also include:
- Collecting testimony from eyewitnesses
- Looking at pictures of the crash scene
- Bringing in accident reconstruction experts to find out what happened
- Reviewing comments and statements from you, the other motorists, and people at the scene
- Finding and reviewing any video footage
- Reviewing official law enforcement reports
- Assigning levels of contributory negligence according to our findings
If you believe that another party’s negligence caused your accident, our team is standing by to provide you with a free consultation on your case.
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Potentially Liable Parties in a Brake Failure Accident
The following parties may be responsible for a car accident caused by brake failure:
- Car owner: a driver’s failure to maintain their brakes may count as negligence, and they may be liable for your damages in the resulting accident.
- Car/ parts manufacturer: if the failure resulted from defective brake parts, the negligent car manufacturer or company that made a replacement part may be liable.
- Car mechanic: if a negligent mechanic fails to safely service or maintain your brakes, they may be liable for your accident.
For every accident, multiple parties may be responsible for the accident. When this happens, the law may allow you to sue all parties as co-defendants.
This may require you to show how each party contributed to the accident, and the court may divide the damages awarded according to their degree of contributory negligence, per South Carolina Civil Remedies and Procedures § 15-38-10.
Similarly, the court may determine that you hold partial blame for the accident. In that case, if you win and are awarded damages, the damages paid to you may be reduced by the degree of responsibility assigned to you. This concept is called comparative negligence.
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Recoverable Damages in a Car Accident Case
Although every case is unique, in general, the following damages may be recoverable in a personal injury case:
- Current and future costs of treatment
- Lost wages for the time missed at work while recovering from injuries
- Reduced earning capability
- Property damages
- Pain and suffering
- And more
Our Mount Pleasant brake failure accident lawyers can investigate the circumstances of your case to determine which damages apply.
If your loved one passed away in a car accident caused by brake failure, our firm may be able to help you pursue a different set of damages in a wrongful death claim.
Call George Sink, P.A. Injury Lawyers Today
If you were injured in a car accident because of brake failure, you may be entitled to compensation. Your first step would be to seek medical attention for yourself and your passengers. Once you are in a stable condition, you may want to consider if another party’s negligence caused your accident.
For a free consultation on your case and your legal options with a member of our team, call George Sink, P.A. Injury Lawyers today or fill out our online contact form.
If you qualify, an accident caused by brake failure lawyer in Mount Pleasant from our firm may be able to represent you on a contingency-fee basis with no up-front payments required.
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