CALL (800) 863-5312 TO SPEAK WITH A ZINDA LAW GROUP BRAKE FAILURE ACCIDENT ATTORNEY TODAY
Car problems are an unwelcome nuisance that can result in empty pockets and heaps of frustration. Problems with a car’s brakes, however, can lead to life-changing accidents. Although recent data compiled by the National Highway Traffic Safety Administration (NHTSA) suggests that only a small percentage (2%) of car accidents are caused by brake failure, these accidents can be fatal when they do occur. In certain cases, compensation may be available to individuals injured as a result of a brake failure accident.
WHO CAN BE HELD RESPONSIBLE FOR BRAKE FAILURE IN A CAR OR TRUCK ACCIDENT?
When brake failure accidents result in injury or death, the victim or surviving family members may file a lawsuit against the person or entity responsible for the accident. Listed below are several potential parties that may be held legally responsible for brake failure in a truck or car accident.
The Manufacturer or Seller
Under the theory of product liability, the manufacturer or seller of a defective product may be held legally accountable for foreseeable injuries caused by the defective product. For instance, if a car manufacturer puts a vehicle with defective brakes on the market, the manufacturer may be subject to liability.
Read More: How Brake Failure Works
The Trucking Company
Another party that may be responsible for brake failure in a truck accident is the trucking company. These types of cases typically involve negligent failure to maintain equipment. For example, a trucking company may have purchased a perfectly good fleet of trucks with top-of-the-line brakes and other equipment. However, the trucking company let years go by without performing any maintenance on the brakes or otherwise making sure they were fit for the road. In this scenario, if an accident caused by brake failure were to occur, it is likely that the trucking company would be responsible.
Under certain circumstances, the driver may also be held responsible for brake failure in a truck accident. For instance, if the truck driver was driving recklessly or violating a traffic law, and such conduct contributed to the accident’s occurrence, the driver may be held legally accountable. In this narrow example, the driver’s employer may also be sued under a theory of vicarious liability.
DETERMINING WHO TO SUE
When it comes to filing a lawsuit, determining which parties to add to a claim requires a careful analysis of several important factors surrounding the accident. Consider how the accident occurred, where it occurred, and the extent of your injuries. Consult with a personal injury attorney before taking any formal action. A brake failure accident attorney may gather the facts of your case and ensure that a lawsuit is filed in a timely and proper manner.
WHAT DAMAGES MAY I SEEK?
If a lawsuit is filed after a brake failure accident, the at-fault party may have to compensate the victim for any costs incurred as a result of the accident, otherwise known as “damages.” The damages that may be awarded to a victim of a trucking accident are separated into two general categories: economic damages and non-economic damages.
Economic damages are damages that can be quantified. The primary types of economic damages involved in brake failure accidents may include:
- Medical expenses (present and future bills; pharmacy costs, rehabilitation services, etc.)
- Lost income and wages
- Loss of earning capacity
- Property damage (vehicle repair costs and personal property damages in the collision)
- Rental car costs
Non-economic damages refer to intangible losses that cannot be easily calculated. Rather, non-economic damages are subjectively evaluated by the jury in a lawsuit. Types of non-economic damages involved in a brake failure accident case may include:
- Pain and suffering
- Emotional distress
- Loss of consortium
Punitive damages are a separate type of damages that may also be awarded, depending on the circumstances of the case. Although punitive damages are rare, they may be awarded in cases where the at-fault party’s conduct was found to be especially reckless or intentional.
WHAT TO DO AFTER AN ACCIDENT
1. Seek Medical Attention
The first and most important step you should take after being injured in an automobile accident is to seek medical attention from a trained professional. Even seemingly minor accidents have the potential to lead to debilitating injury. Seeking medication attention after an accident may help your body recover as quickly as possible.
2. Document the Accident
Documenting the accident means creating and maintaining a thorough record of important documents relating to the accident. This means keeping a running file at home or your office with documents like photographs of the accident, photographs of your injuries, a copy of the police report, witness statements, medical bills, and car repair estimates. Taking this critical step may help substantiate your claim and prevent insurance companies from paying out less than you deserve.
3. Call a Personal Injury Attorney
Once you have recovered from your injuries, consider contacting a brake failure accident attorney for an in-depth consultation regarding your case. An attorney may wish to speak with you in person or over the phone to gather important facts regarding your injuries. After learning about the details of the accident, the attorney may be able to provide valuable legal advice about your rights. If necessary, an attorney may begin the process of filing a claim against the at-fault party or the at-fault party’s insurance company.
HOW MAY ZINDA LAW GROUP HELP?
Navigating a brake failure claim by yourself can be an intimidating and time-consuming task. Handling these claims requires extensive knowledge of various legal areas, such as product liability, negligence, wrongful death, and court procedures.
The attorneys at Zinda Law Group are ready and willing to protect your legal rights. While you focus on recovering from your injuries and getting back on track, Zinda’s lawyers may focus on building the strength and viability of your claim. Our attorneys have years of experience helping clients secure compensation following brake failure accidents.
Listed below are just several benefits that a Zinda Law Group attorney may provide:
We Fight for Our Clients
Car accident victims have legal rights. However, victims often forfeit some or all of these rights simply because of inexperience with the claim filing process. For instance, a car accident victim may inadvertently destroy the value of their claim by admitting fault. A personal injury attorney may help protect you and your claim by ensuring that your valuable rights are not forfeited.
We Fiercely Negotiate with Insurance Companies
A critical part of the claiming filing process is communicating and negotiating with insurance companies. In many cases, these companies are reluctant to pay out the full value of the victim’s claim. As a result, these companies may use tactics to reduce or eliminate the value of a claim. A Zinda Law Group attorney may intervene on your behalf and negotiate with insurance companies to ensure that your claim is given the respect it deserves.
We Have Access to Valuable Resources
Zinda Law Group uses a broad range of resources to support our clients’ claims. For instance, our attorneys may search for and interview witnesses to the accident. We hire experts witnesses, conduct background checks, and review years of prior accident reports. We also use accident reconstruction technology to help identify when and how an accident occurred.
We Pride Ourselves on Our Client Service
At Zinda Law Group, our team of personal injury attorneys strives to provide high-quality service to our clients every day. Throughout the entire representation, from the initial consultation up to the disposition of the case, our attorneys are ready and willing to guide clients through the car accident claim filing process.
We Have a Litigation-Focused Approach
The brake failure accident attorneys at Zinda Law Group have years of experience litigating claims from beginning to end. Because we treat every case as if it is going to trial, we give your case the attention to detail it deserves.
We Offer a No Win, Fee Guarantee
Zinda Law Group believes that an injury victim should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That's our No Win, No Fee Guarantee.
Meetings with attorneys are by appointment only.