Failing to brake – whether user error or mechanical – does not always mean it is your fault. Even if you collide with another vehicle, the reasons behind that collision come into play. Therefore, it is important to assess what caused the failure to brake before assuming you do not have a case against the other party.
When the Crash is Due to Driver Error
When someone crashes into the back of another vehicle, especially at a stoplight or intersection, it is often because the driver was not paying attention. This type of failure to brake is operator error and the individual who rear-ended you is responsible for any damages.
Traffic violations affect the outcome of your personal injury case. So, if the driver was cited for not following the rules of the road, it will be easier to prove your case in court. Today’s vehicles come with a black box, which tells investigators what happened right before the crash. So, if the driver was speeding and braked suddenly, it is likely they were not paying attention or following traffic laws.
Also Read : Understanding the New Child Seat Laws in Florida
When the Crash is Due to Mechanical Failure
Even when a driver follows the law, a collision can occur. Brakes can fail, sending a car into another on the road. But, how that failure occurred can determine who is at fault for the accident. When mechanical fails because the driver failed to maintain their vehicle, such as not replacing bald tires or when they did not replace already bare brake pads, then driver is at fault.
If, however, the mechanical failure was a manufacturing defect, then the manufacturer would be at fault for any injuries and damages.
Determining Fault is Not Always Easy
Determining who or what caused the accident is not always straightforward. It is best to speak to a car accident attorney. An attorney can investigate the circumstances of the accident and help determine who is at fault for your injuries and damages. In some cases, multiple parties may be liable, such as the mechanic for doing faulty work, the manufacturer for supplying bad brake pads, and so on.
Contact a Florida Car Accident Attorney Today
The attorneys at Sternberg | Forsythe, P.A. can help you with your case. If you were the victim of an accident, let our investigators and skilled attorneys assess your case free.
Call 561-687-5660 now for your appointment.