Determining liability in a crash caused by brake failure


Determining liability in a crash caused by brake failure

Because car accidents in Illinois happen for a number of reasons, sometimes it can be difficult to determine the at-fault party. This can be especially true if a crash was caused by brake failure. There are many rules to consider when trying to establish liability for a brake-related accident.

If an auto wreck occurred because of a mechanical brake failure, a driver could be held liable if it can be shown that their vehicle was poorly maintained or not maintained at all. This is because drivers are required by law to make sure that their vehicle’s brakes, tires and other equipment are in good working order before driving. However, if it can be determined that a vehicle’s brakes failed because there was a defect in its braking system, then liability would fall on the car manufacturer.

Distracted driving is another factor for which drivers can be held liable for brake failure-related damages. In many instances, rear-end collisions at intersections occur because drivers fail to pay attention. When drivers commit a traffic violation that threatens the safety of others, this is often regarded as evidence of negligence per se. Furthermore, because most states have distracted driving laws, distracted motorists can be held partially or fully liable for injuries and losses resulting from the crash. In some cases, both drivers may be at fault if they were each driving recklessly prior to the collision.

Car crash victims who are severely injured because of a negligent, speeding or distracted driver may want to pursue compensation for their injuries. An attorney could closely review the police report to help determine liability.