If you have been involved in a car accident where defective brakes are deemed to be the cause and not necessarily driver error, you may be able to commence a product liability suit and place the blame on another party. According to the product liability law, if brakes on the other vehicle involved in the accident were defective, you can sue the brake manufacturer, or possibly a mechanic who was last known to have worked on the car. This article will provide you with a better understanding of how a product liability lawsuit will work in regards to your car accident.
Manufacturing Company of the Brakes
You can sue the company of the brake manufacturer whether or not the defect was in the manufacturing of the brakes, or the design of the car. In order to hold the manufacturer legally responsible for the accident, you'll have to prove that the defect in the brakes was unreasonably dangerous, that the injuries you sustained were the result of defective brakes. It may be easier for you to prove liability on the part of the manufacturer if there had been a recent recall notice on those particular brakes, or if there is a track record of other similar automobiles having problems with their brakes.
Driver and Third Party Negligence
It's highly possible that the brake failure is evidence of the other driver's negligence if you can prove the driver knew they were driving a car with faulty brakes. The driver of the other vehicle may not be entirely at fault if they were not negligent in the way they were operating their vehicle, but simply could have just not been able to stop their car because of the faulty brakes. However, if the driver had recently taken their car to a repair facility and was advised the brakes needed repair, but failed to have the work done, the driver was negligent and could be liable for damages. It's also possible you could place liability on the part of the mechanic for the faulty brakes, but this would be extremely difficult to prove.
Any situation that involves defective or damaged brakes is going to be very difficult to prove, so you should be prepared to work with an experienced auto accident attorney who has extensive knowledge in the product liability law. If you find yourself with enough proof, your attorney will work with the parties associated with the brakes on reaching a settlement. Of course, that is never a guarantee, so you should sit down with an attorney and discuss the details of your case as soon as possible.