In most cases, rear-end vehicle collisions are the tailing driver’s fault. But what if you, the tailing driver, applied the brakes to avoid crashing into the other vehicle but your brakes failed? To prove your claim of defective brakes in court, here’s what you need to do:
State your claim of defective brakes right then and there. Essentially, you need to get out of the car at the accident scene and inform everyone around you that your brakes didn’t work, resulting in a collision with the vehicle in front of you. Making this claim days later would reduce the chances of the court believing your claim.
Don’t try to drive your vehicle. If you’re claiming that your brakes are defective, then you shouldn’t try to drive your vehicle. You must wait for the tow truck to have your vehicle towed straight to the garage to have it evaluated, advises an experienced car crash lawyer in Marysville. Feldman & Lee PS adds that this way, you’ll also have proof that your brakes were indeed defective at the time of the accident.
The specific reason for the brake failure should be evident.
The reason for failure must be something that should be obvious to the mechanic, such as a sheared-off pin or damaged hose. This is because the more complex your alleged reason for your brakes failing, the less likely anyone would believe your claim.
You should have your vehicle inspected by a neutral and qualified mechanic immediately.
Waiting for several days to have your vehicle checked out would make it harder to prove your claim.
Note that for the court to consider you faultless, the brake failure should be unforeseeable, unexpected, complete, and sudden. Additionally, you shouldn’t be driving distractedly and could offer proof that your defective brakes weren’t a result of you failing to maintain your vehicle.
Car accidents involving defective brakes are usually extremely complex. You can’t just claim that your brakes were faulty, which is why you got into a car accident. Call an experienced attorney who can help you gather evidence for your claim.