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Brake Failure in Car Accidents

Car Accident Attorney in Sacramento CA Helps with Brake Failure in Car Accident Claims

Auto accidents usually occur because one or more driver was negligent in some way while out on the road. Some of the more obvious ones to identify is speeding, ignoring traffic signals, failing to signal and things of the sort. But there are also more difficult acts of negligence that are harder to prove such as the malfunction of a vehicle. Typically an insurance adjuster, sometimes with the help of the police report, eyewitnesses, and physical evidence will determine fault but if the adjuster is incapable of doing so, a judge will need to step in. If you have been in a vehicle accident, contact a Sacramento car accident attorney immediately, especially if it was because of brake failure in the car you were driving.

Brakes are the most important safety systems on your vehicle so make sure to maintain it before there becomes a problem. The connection between a product defect and a collision is not always obvious which is why an attorney could help. There are a variety of causes of brake failure such as:

  • brake pads and/or shoes became hardened or crystallized and are no longer effective;
  • brakes became soaked with oil or grease from a rear differential or front transaxle;
  • the power brake booster lost power assist due to a loss of engine vacuum or “hot spots” have developed on the brake drums or rotors which are resistant to the friction needed for the brakes to work properly.

It is the responsibility of the driver to maintain his or her brakes to guarantee safety for everyone on the road. However, in some instances a driver may not be liable for the brake failure.

To successfully prove you are not liable for the brake failure that caused the accident you must demonstrate:

  1. what caused the brake failure;
  2. that nothing had occurred prior to put them on notice of the defect or brake failure, or to put them on notice of another defect or failure which ultimately contributed to the brake failure;
  3. that the vehicle had been inspected within a reasonable period of time before the accident and proper maintenance conducted accordingly; and
  4. either that the cause arose after the inspection, or was of such a nature as to not be discoverable by a reasonable inspection within a reasonable period of time prior to the car accident.

Laws change, especially throughout different jurisdictions. Make sure to contact an experienced car accident attorney in Sacramento CA who can help your case specifically.

Speak with One of Our Attorneys About Your Auto Accident Injuries

Contact our car accident attorney in Sacramento CA to discuss your injuries. We offer a free initial consultation to all new clients. You can reach us by phone at (916) 357-6767 or send us an email to schedule an appointment.

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    Joseph B. Weinberger
    Joe Weinberger has represented thousands of injured people nearly 30 years of practicing law. Widely respected by colleagues and known for providing practical, friendly and effective service, Mr. Weinberger attracts clients throughout the Northern California area.

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