A truck brake failure can result in fatal consequences. If the brakes fail while you’re driving the truck, you and those around you will be in grave danger. The person in charge of an accident is typically held liable for the damages they result in. Even if they have an insurance policy, the provider may not always provide full accident coverage, and this is why you must take the right steps to deal effectively with this situation. Read this article to find out how to win your defective brake truck accident lawsuit.
Things to Know
If you couldn’t avoid a car accident due to brake failure, then the chances are that you wouldn’t be held liable for the crash. When brakes fail, what usually happens is that the truck ends up rear-ending the vehicle in front of it at high acceleration. As a truck driver, it’s your duty to ensure that your brakes are working as they should be. You should also be attentive to signs of damage and stay on top of your truck maintenance appointments. If you’re careless regarding your truck’s integrity, then you will be the one to blame for the accident. You should be able to prove that the brake failure is due to a faulty manufacturing process and not your negligence. If you are able to prove that the brakes are defective, then all the parties affected may file a claim against the manufacturer. Taking all the required steps to ensure that the brakes are in their best form before hitting the road can help strengthen your case.
As we mentioned above, staying on top of your truck maintenance is necessary. Consult your mechanic regularly and follow their advice on the car parts that must be replaced or fixed. We tend to put off repairs that we deem unimportant, at least for the time being. However, what we don’t realize is that minor issues can quickly escalate into major problems and affect other vital car components. If you want to prove that your brakes are defective, you’ll have to show your insurance company and lawyers, as well as the court of law, that you get your truck maintained regularly. Keep in mind that if your mechanic suggests that you get a car component fixed or replaced, and you refuse to do it immediately, the court and the other party may suggest that you’re negligent. Make sure to check your truck’s manual brake replacement recommendations and replace your brake pads accordingly. Otherwise, there will be proof that you’ve failed to care for your truck and that the brake failure is due to your negligence as a truck owner.
Seek Legal Help
Investigating a truck accident can be quite complicated. Not to mention the challenges you will face as you try to prove a huge manufacturer liable for the installation of a defective vehicle component in your truck. These companies are fortified with a professional legal team and have great insurance policies in place. You need a professional to represent you in court in Ann Arbor if you want to be compensated for your defective brake pads. According to a defective brake truck accident attorney in Ann Arbor, you can ask an experienced legal professional to review your case for free. This way, if your case is valid, they’ll proceed accordingly and help you secure the compensation you deserve. Lawyers will work diligently to gather all the needed evidence from the crash scene and pinpoint the parties responsible, or the manufacturer, in your case. Your lawyer should persist to prove your case, no matter where the investigation leads. They will help you build a solid, strong case to help you negotiate a satisfactory compensation or settlement without having to go to trial. Receiving compensation from the manufacturer is enough proof that the accident is not your fault.
Speak to Witnesses
The police usually rush to the scene after a crash has occurred. Once they get there, they will write their reports, note their observations, examine the crash scene, take pictures, and come up with a preliminary conclusion. The police will also speak to witnesses to get a better idea of the situation. At times, witness testimony is vital to be able to determine fault in a vehicle crash. You need to speak to witnesses after the crash and tell them that your brakes failed. If witnesses explain that you never mentioned that your brakes failed after the car crash, this will be used to weaken your claim. Brake failure is often a scary and traumatic experience. This is why it’s something that would be normally mentioned right after an accident. If not, then the story would look like an after-thought. It would look like you’re just trying to salvage the situation or escape liability for the crash. Though, if the witness says that you mentioned how your brakes failed right after the crash, this can help strengthen your case significantly. This just proves how every word you say (or don’t say) matters and must be well-thought-out.
Stay in the Scene of The Accident
Many people panic after causing a car accident, even if it wasn’t their fault, and attempt to leave the scene, which is one thing you should never do. If you leave the crash scene, you are confirming that you’re lying about the brake failure. This entails that your brakes were in a suitable condition for you to flee and that the car crash is entirely your fault. Not only that but in some states, leaving the accident scene is considered a felony. You will be held liable for the crash and tried in court for being a hit-and-run felon.
Getting into a vehicle crash is a scary experience. Let alone realize that your brakes aren’t working effectively, resulting in a fatal car accident. Truck accidents are exceptionally dangerous. If you don’t take the necessary steps to prove the manufacturer’s liability, you can end up a felon or with bills that can break the bank. Acting efficiently can help you receive the compensation you deserve.