Every year, the National Highway Traffic Safety Administration (NHTSA) reports on the number of accidents per year and per cause. One of the accident categories that it tracks is brake failure accidents. When brakes fail, the chances of getting into a car accident are likely. If you are hit by a car with brakes that failed, you will likely have medical and extensive repair expenses to deal with. Most people do not have the funds saved to prevent serious financial problems after a serious accident. In these cases, legal action is an option for getting compensation to help handle these expenses.
If you or a loved one is hit by another driver whose brakes failed, then you are entitled to compensation for the expenses related to that accident. Consult a lawyer as soon as possible to see if you have a case. Call Pintas & Mullins Law Firm at (800) 794-0444. The consultation is free, and our legal team is ready to help you with your case.
Steps to Take After the Accident
When you are in an accident, there are several steps that you can take to ensure a better outcome. The first step to take after the accident is to seek medical attention if you have not already for yourself and anyone else at the scene. If given the option, have an ambulance take you to a hospital for a full evaluation. This will ensure that your needs are taken care of and will be important if you file a lawsuit.
The next step to take is to follow any rules or requirements for your car insurance. This may involve filing a police report for the accident investigation. This report is an important piece of evidence in court cases, and it is important for you to complete.
Once you are able, consult a lawyer about your case. A lawyer can investigate the case to see if filing a personal injury lawsuit is a good idea. If this is the best course of action, a lawyer can build a case using the medical records, police reports, and other pieces of evidence. Your lawyer can also work with the insurance company on your claim, as well as negotiate a settlement with opposing counsel if a settlement agreement is offered.
Common Brake Failure Accident Expenses
Accidents caused by failing brakes can result in a wide variety of expenses. These include:
- Vehicle repairs: Damage to vehicles caused by brake failure accidents will be compensated for after a lawsuit.
- Medical expenses: If you are injured in an accident, you will have medical expenses. These include first responder fees, hospital fees, and follow-up care fees. You may also have long-term recovery care fees or disability care fees, depending on your injuries.
- Lost Wages: If you are seriously injured or your car is heavily damaged, you may miss work. This is time that you will not be paid for, possibly resulting in more financial stress.
There are other expenses from accidents that are not covered on this list. If you are hit by a car with defective brakes, consider any injuries as serious and seek medical attention right away. Also, consult a lawyer as soon as possible to see if you have any legal options to seek compensation.
For a free legal consultation with a Brake Failure Accidents Lawyer serving Los Angeles, call (800) 794-0444
The key to any case is determining liability, which is possible with the right evidence. Police reports provide a detailed analysis of the accident that can show who is liable. Brake failures are rare, especially as the cause of an accident. The other driver has to prove that the brakes failed before the accident, which requires specific steps that most people do not follow. Your lawyer can identify when the other driver is telling the truth with detailed research about the accident. Otherwise, the other driver will likely be held responsible for failing to follow the California DMV’s guidelines on safe driving.
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Statute of Limitations
Being in an accident can create a lot of problems for you. One of the best ways to move forward is to consult a lawyer about your legal options. However, you want to do this as soon as possible. There is a time limit, the statute of limitations, that limits the amount of time that you have to file a lawsuit. The statute of limitations in California for personal injury claims is two years, while the limit for property damage is three years. Both statutes begin the day of the crash.
Your lawyer can file a case within that time if given enough notice. Consult a lawyer as soon as possible to ensure that your lawyer has enough time to build the case. Even if you miss the deadline for personal injury cases, you can still file a case for property damage. However you decide to proceed, speak to an attorney to see how you can move forward.
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Settlement vs. Trial
Deciding to file a personal injury lawsuit after an accident is a big step and can make you very nervous. However, it is important to remember that you have the right to do so because of your injuries and expenses. It can also help you feel less stressed to know that most cases do not make it to trial. Most personal injury lawsuits are settled out of court while waiting for a trial date. The courts are backed up, and it can take a long time to get to a trial. Both sides become impatient, and a settlement agreement is offered so that everyone can move on.
If a settlement is offered, have your lawyer review it before you agree to anything. Early settlement agreements may not offer enough to cover all of your expenses, especially if you have long-term medical care needs. A lawyer can negotiate with the other party to ensure that the offer is fair and contains enough compensation to meet your needs.
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Accidents caused by failing brakes are not common, but they can still leave you with a lot of problems to deal with afterward. Consult a lawyer to see how you should move forward. The team at Pintas & Mullins Law Firm can help you build a case and get the compensation that you deserve. Call us at (800) 794-0444 for a free consultation with our legal team.