Woody White Law PLLC
Phone 910-338-4900
Toll Free 866-677-8525

When a driver is liable for brake failure

In most cases, North Carolina drivers will be held liable if they cause a car accident after they fail to brake. However, there are instances when a vehicle fails to brake for reasons other than driver error. As such, when a vehicle does fail to brake and an accident occurs, all of the potential factors must be considered before liability can be determined.

Driver error can result in an accident if the driver is not paying attention to the road and fails to stop when the traffic slows down. Investigators may use the vehicle's black box to determine how fast the vehicle was moving when the collision occurred. They may also be able to determine if the brakes were applied at all.

Incidents do occur when a driver attempts to use the brakes to stop their vehicle but the brakes fail. This can potentially cause a driver to become involved in a serious car accident. North Carolina requires drivers to ensure that their vehicles are properly maintained and road-safe. As such, the driver could still be held liable for the accident if it is found that the vehicle was not properly maintained. However, they may not be liable if the brake failure resulted from a manufacturer defect.

Car accidents can result in serious injuries to occupants of other vehicles. A personal injury attorney may help an injured person file a lawsuit against a driver if it was discovered that the other driver failed to properly maintain their brakes, resulting in a crash. The attorney may gather evidence to bolster the claim, including investigative reports. Depending on any other factors, the attorney may assist with seeking compensation for the injuries that the person suffered in addition to other damages that were a direct result of the car accident.

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