When a vehicle fails to stop in time due to brake failure, it can result in a rear-end crash, causing serious injuries to the other driver. Although brake-related problems might seem uncommon, they do occur and contribute a huge chunk to the number of motor vehicle accidents in the country. Fortunately, the injured victims may be able to pursue compensation if they suffered injuries due to another's negligence.
Schuerger Shunnarah Trial Attorneys have years of experience helping those who suffer injuries at the hands of others. They understand why brake failures may happen and how they could lead to a car accident, allowing them to build a strong personal injury case.
Those who have suffered injuries in a brake-failing accident in Dallas, Texas, due to someone else's negligence should contact Schuerger Shunnarah Trial Attorneys to learn more about their rights and legal options.
Brake Failure Statistics in the United States
The National Highway Traffic Safety Administration (NHTSA) assessed more than 44,000 crashes and produced a report in 2018 that states that brake-related problems accounted for 22% of the accidents.
Another alarming statistic is the number of rear-end collisions. The National Safety Council reported 1,579,000 injuries and 3,600 deaths arising from rear-end accidents in the United States in 2021.
What this means is that the drivers either failed to apply brakes (distracted or reckless driving) or their brakes failed.
Common Injuries Arising from Accidents Involving Brake Failure
Most brake failure accidents are rear-end collisions, which is why these types of incidents share the same list of common injuries. These may include the following:
Whiplash
Neck and head injuries
Traumatic brain injuries
Sprain and strains
Herniated discs
Fractures and broken bones
Who's at Fault in Brake Failure Accidents in Texas?
When a vehicle's brakes fail, it could result in a rear-end collision. Generally, the driver that rear-ends another motor vehicle is liable for the damages, as the law requires all road users to pay close attention to the road. However, there could be other parties responsible for the tragic event.
There are several potential at-fault parties in a brake failure accident, and these are as follows:
The Motor Vehicle Manufacturer
The motor vehicle manufacturer must conduct rigorous testing, ensure safety checks, and carry out due diligence to prevent installing defective parts into the vehicles during production.
If the car accident occurred due to defective brakes, the injured victim may be able to pursue a claim or lawsuit against the manufacturer to recover compensatory damages.
The Dealership or Local Mechanic
The motor vehicle dealership or the local mechanic is responsible for ensuring a good repair or replacement job. They must take the necessary measures to reduce the risk of errors during installation or servicing.
If a car accident occurs due to the negligence of the dealership or local mechanic, it could lead to liability for which the injured victim may be able to bring a civil action to obtain compensation.
The Driver
The driver is responsible for ensuring that their motor vehicle is in good condition before hitting the road. Any brake defects due to lack of inspection or maintenance could lead to car accidents. When that happens, they may be liable for the damages caused.
If the other driver hits the brakes and causes a rear-end collision, they may argue that their brakes failed. However, that excuse won't give them a free pass.
Brakes do not bring motor vehicles to an immediate halt and work by slowly and gradually decreasing the vehicle's speed. The drivers need to allow enough time and distance prior to braking to prevent rear-end collisions.
Another thing to remember is that the drivers must take care of their vehicles. Braking and then speeding up constantly can overheat the vehicle's brakes, increasing the risk of a brake failure. This is a sign of unsafe driving, which can lead to liability in case of a rear-end accident.
Injured victims must immediately reach out to an experienced truck accident lawyer in Dallas after their rear-end collisions. They can help assess the facts surrounding the case and determine the liable parties before initiating legal action.
Is "Failure to Brake" an Act of Negligence?
Under the law, all drivers must take reasonable measures that an average person would when presented with potential hazards or threats on the road. If a vehicle is slowing down, the other driver must also slow down by pressing on the vehicle's brake pedal.
When one strays from what a reasonable person would do in similar situations, it is often referred to as an act of negligence. Failure to brake intentionally when required could be a negligent act, resulting in liability.
However, it's essential to realize that failure to brake can be a coincidental thing. Suppose an intense hurricane pushes one car into another, resulting in a rear-end collision.
In that case, the jury may conclude that the wind caused the accident, even if the driver failed to slam their brakes.
What Should an Injured Victim Do After a Brake Failure Accident?
Brake failure not only affects cars but also other vehicles. It can result in a truck accident or a motorcycle collision. When that happens, the injured victim must stay calm and take the necessary steps to protect themselves and their personal injury case.
Some of the crucial steps the affected parties should follow include the following:
Call 911: Even if the accident does not result in injuries, it's crucial for the affected party to call 911 to report the incident (official police report) and request medical help for the other parties injured.
Exchange details: All of the drivers involved in the accident should exchange their names, contact details, and insurance information.
Gather evidence: If the injured victim can move around, they should take the time to photograph the accident scene, the impact of the incident on the vehicles, and any skid marks or nearby traffic lights. This can help them when pursuing a personal injury case.
Head to the hospital: Getting a medical evaluation and seeking treatment is critical to one's personal injury case. The accident victim must follow their doctor's treatment plan to ensure a swift recovery. Sometimes, injuries may not be as apparent at the crash site and develop later on, which is why the affected party must always consult with a medical professional.
Call an experienced lawyer: The injured victim should contact an attorney with extensive experience handling Texas car accidents. If a car's brakes fail, they know how to investigate the incident, build a strong case, and pursue compensation.
Injured Victims Can Recover Maximum Compensation with the Skilled Schuerger Shunnarah Trial Attorneys!
Whether it is a truck driver or another road user who is responsible for the brake-failing accident, Schuerger Shunnarah Trial Attorneys have decades of experience handling personal injury cases. They have recovered over $1 billion in compensatory damages for their clients and can protect the rights of the injured victims in Texas. They can help with other questions like Who's at fault in head-on truck accidents in Texas?
Those who have suffered injuries in a car crash in Dallas, Texas, due to another's negligence should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. They have the resources and legal firepower to investigate the incident and go to war against the negligent party's insurance company to recover the compensation the victim deserves.