Who Is at Fault in a Brake Failure Accident - MO Law

One of the most terrifying and dangerous things a driver can experience is a brake failure. When brakes fail, and a vehicle can no longer stop, the odds of a car accident or truck accident greatly increase. Since these are often high-speed accidents, serious injuries may occur.

In Missouri, determining fault in a car or truck accident caused by brake failure can be confusing and complex. Fault can lie with more than one party, and insurance companies will do all they can to limit what they pay out. They also might try to blame the front driver, the one who got hit, in order to limit potential liability.

Those who have experienced car or truck brake failure collisions should reach out to a lawyer like Powell Law Firm. They will examine the details of brake failure cases and get victims the compensation they deserve. They can also consult on who is at fault in a roundabout accident MO.

Understanding Brake Failure Accidents in Missouri

In a brake failure accident, there is often a sudden and unexpected loss of control. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that failure of a car or truck's brake system contributes to thousands of crashes annually. In Missouri, victims of a brake failure accident are entitled to compensation, but before that can happen, fault must be determined.

Many people believe that faulty brakes or a brake defect is simply bad luck, but that's not true in almost all cases. Instead, they occur due to negligence. It might be improper maintenance, a defective part, or failure to respond to warning signs, but there is always someone at fault.

Common Causes of Brake Failure

Brake systems are very complex, and they work based on many components working together. When one of these components fail, the entire system can be compromised. Here are some of the most common causes of brake failure:

1. Poor Vehicle Maintenance

Not doing regular maintenance on brake systems can cause failure -- in fact, it's the leading cause of failure. A vehicle owner who ignores warning lights, strange noises, or reduced braking power can be held responsible in an accident because they didn't maintain their vehicle.

2. Defective Brake Components

In some cases, if the brake components are defective, it can cause the driver to lose control because the brakes may fail. The most common types of components include brake pads, rotors, master cylinders, and brake lines. It's possible, in these cases, that the vehicle or the parts manufacturer could be at fault in these cases.

3. Improper Repairs or Installation

Brake repairs that are not done correctly by an auto repair shop or a mechanic can also lead to system failure. In these cases, the shop or the mechanic could be held responsible.

4. Overloading the Vehicle

If a car or truck are overloaded, it could put extra stress on the braking system. This is more common in the commercial trucking industry, but it could happen with any vehicle. If a driver or a company consciously overloads their vehicle, and this causes a brake failure, that driver or company could be held liable.

5. Contaminated Brake Fluid

Brake fluid contamination can happen due to moisture, dirt, or improper fluid changes. It can reduce braking power or lead to total failure. Improper servicing can be a key liability factor.

Who Can Be Held Liable in a Brake Failure Accident in Missouri?

Determining fault in a brake failure accident in Missouri depends on what caused the brake system to fail. In Missouri, it's also possible that more than one party can be held responsible. Who can be held liable? Consider the following:

1. The Driver

If the driver does not maintain their vehicle, ignores warning signs, or drives recklessly, they could be found liable for the accident.

2. Vehicle Manufacturer or Parts Maker

If a manufacturing defect or design flaw causes the brake failure, the manufacturer of the vehicle or brake component may be responsible.

3. Auto Repair Shop or Mechanic

If poor workmanship or incorrect repairs lead to the brake failure, the mechanic or shop that performed the service could be liable.

4. Vehicle Owner (If Different from Driver)

For company vehicles or rentals, the owner may be liable for failing to maintain the vehicle properly or allowing an unsafe vehicle on the road.

5. Fleet Operators or Trucking Companies

In commercial vehicle cases, companies that cut corners on maintenance or overload trucks may be at fault.

Proving Fault in Missouri Brake Failure Accidents

Missouri follows a comparative fault rule. This means that everyone involved in the accident may be assigned a portion of the fault. However, that also means that even if a person is partially at fault, they can still recover damages. Those damages will be reduced by the driver's percentage of fault.

To establish fault in a brake failure accident, the following must be proven:

• Negligence: Someone failed to act in a reasonable way.

• Causation: That negligence directly led to the accident.

• Damages: The victim suffered physical, financial, or emotional harm.

To prove fault, police officers, insurance companies, and lawyers will gather evidence. Sometimes, it's easy. For instance, a truck driver might have overloaded their truck, their air brakes failed, and it resulted in a rear end collision. Since they were the rear driver in the rear vehicle in a rear end accident, and the other driver didn't do anything wrong, the driver of the truck would likely be found liable in this rear end crash.

That seems pretty simple, but most cases are much more complex. Even if drivers believe they are at a safe following distance, faulty brake lights, poor weather conditions, non-working traffic signals, or other factors may come into play. This is why victims need as much evidence as possible to sue the at-fault driver. A lawyer can fight the insurance provider and the at fault party will have to pay. They can also explain who is at fault in a school bus accident MO.

What to Do After a Brake Failure Accident in Missouri

If someone is involved in a brake failure accident, the following steps can help preserve their legal rights:

1. Call 911 - It's important to call 911 as soon as an incident occurs. Police and medical professionals should be on the scene, even if there are no severe injuries.

2. Document the scene - As soon as it is safe, begin documenting the scene. Photos and videos should be taken of physical evidence, brake parts that might be around, any unexpected road hazards that came into play, flashing hazard lights, injuries, and more. All of this is important for any insurance claim.

3. Don't make repairs - In a case where brake failure or mechanical issues are suspected as the cause of the accident, experts should examine the brake system before repairs are done.

4. Reach out to an attorney - An experienced personal injury attorney should be contacted. They understand Missouri law and victim rights. It may be beneficial to consult this motor vehicle accident attorney in St Louis for more information.

   
   

Compensation Available in Brake Failure Accidents

Victims of brake failure accidents can recover various damages in Missouri, including:

• Medical bills

• Lost wages

• Future medical expenses

• Pain and suffering

• Property damage

• Loss of earning capacity

In wrongful death cases, surviving family members may also pursue compensation for funeral expenses, loss of companionship, and more. A lawyer is imperative in these cases.

Why Choose Powell Law Firm for a Brake Failure Accident Case?

Brake failure accidents are not simple to solve, however, victims do have legal options to explore. If someone acted in a negligent manner, which caused brakes to fail instead of making a complete stop, the victim can sue.

Powell Law Firm offers a free consultation to victims of these accidents. Call today.