Who Can I Sue If My Brakes Fail?
Though there are many contributing factors to car accidents, vehicular malfunctions and failures account for a significant portion of auto accidents. A specific malfunction concern that contributes to a large portion of accidents is brake failure. Braking systems are an important part of a vehicle as they allow for a driver to stop and slow speed while behind the wheel.
Driver’s Negligent Maintenance in Missouri
If a car accident occurs due to a brake failure there is several different sources of potential liability. A driver who negligently maintains their vehicle may be held liable for the accident based on the fact there was a failure to conduct proper maintenance ensuring the brake pads and rotors are in working condition. Driving a vehicle that is in a poor or dangerous condition poses a threat to the drivers as well as other drivers who share the roadways. This type of negligence can also be correlated to the liability of a mechanic for negligent maintenance done during repairs.1 It can be difficult to prove negligence on the part of the driver or mechanic since it often requires a level of self-incrimination.
Product Liability Lawsuit in Missouri and Illinois
The theory of product liability may allow for compensation from sources beside the driver. There are two possible individuals who can be sued in the event that the brakes were defective. First, one can sue the manufacturer of a defective brake because manufactures have a duty to ensure the design and production of vehicles are reasonable and pass safety standards.2 This may include aftermarket parts manufacturers that supply repair parts such as brake pads. Second, the dealer who sold a vehicle with a defective part can also be held liable.3 In order for a claim of liability to stand it has to be proven that the brake defect was unreasonably dangerous, the defect was known, and there has not been a significant change in the vehicle since it was sold.4
Contact an Experienced St. Louis Car Accident Lawyer for a Free Consultation
If you have been in an auto accident that was caused by faulty or defective brakes on your vehicle or the vehicle of another driver it is important to discuss the circumstances of your collision with a car accident attorney who can help determine what claims should be filed and what parties are liable for the accident. Seeking the advice of an experienced auto accident attorney can help protect your rights and interests as a victim of a car accident. To contact an auto accident attorney for a free consultation please feel free to call attorneys at the The Bruning Law Firm Law Firm at 314-735-8100.
References:
- http://accident-law.freeadvice.com/accident-law/auto/auto_accident_product_liability.htm
- Ibid.
- Ibid.
- Ibid.
NOT READY TO CHAT WITH A ST. LOUIS CAR ACCIDENT ATTORNEY?
For more information, use these resources: