Brake Failure Isn't Necessarily A Good Excuse For An Accident

Being held liable for a car accident can be very expensive. Even if the at-fault driver's insurance provider pays for the damages, they might see an increase in their insurance rates. You may even sue them directly and recover damages depending on how expensive your auto accident was. To avoid being held at fault, the driver might make one of several claims, such as that their brakes didn't work. However, this might not be a valid excuse. 

The Other Driver Might Still Be at Fault

Faulty brakes are a common cause of car accidents because the driver with the faulty brakes is simply unable to stop their car and ends up crashing into you. However, the driver is responsible for making sure that their brakes are working properly, that they have their brakes inspected at regular intervals, and that they have their brakes repaired when they discover something wrong.

If the brake failure couldn't be foreseen, this could be used as a defense. For example, if the driver recently had their brakes repaired with faulty brake parts, the brakes might have failed as a result.

The Burden of Proof Rests on the Other Driver

For faulty brakes to be a valid excuse, the burden of proof rests on the other driver to prove that their brakes were faulty and that this caused the accident. There might also have been other factors at play, such as cargo that was not properly secured or worn-out tires. 

Gather Evidence and Build a Case With an Auto Accident Attorney

The more information you have, the more likely that you will be able to hold the other driver responsible for your accident. An auto accident attorney might discover that the car accident was the result of poor maintenance. 

How to Prove Fault

To hold the other driver at fault for the accident, you must prove that they had a duty of care, that they breached the duty of care, and that you suffered damages as a result of the accident. Then, you must calculate the damages you have suffered and you will then be able to make a strong case for why you're entitled to a settlement.

You must prove that you suffered damages. For example, if you are alleging that you had medical bills as a result of the injuries you suffered from the accident, you must provide your medical bills and evidence that your injuries were tied directly to the accident. Then, you may be able to receive compensation for your injuries. 

Contact a local lawyer to learn more about what legal steps to take after an auto accident.