How Can You Defend A Car Accident Caused By A Broken Brake Line?
Posted on: 30 November 2016
Millions of car accidents happen every year, many of them caused by a malfunctioning car. For example, if your brake line recently broke down and caused you to run into another driver, there's a chance you might end up stuck in a nasty lawsuit for negligence. Here is how you can defend yourself.
Is A Busted Brake Line Negligence?
When you slam into the back of another driver because of a failed brake line, you aren't necessarily committing a negligent act. The legal definition of negligence is "when a party fails to take reasonable measures to protect others who visit their property or come in contact with them." The definition of "property" extends to your vehicle in cases like these.
Other examples of negligence include driving faster than the speed limit, not watching the road, being distracted while driving, or not maintaining your vehicle properly. The prosecutor is going to try to prove that you did not maintain your brake lines within reason and that you therefore behaved in a negligent way.
You Have To Have Known About It For It To Be Negligence
In order for negligence to be proven in a case of brake failure, the prosecutor has to prove you knew about the problems with your brakes and did nothing to fix them. This will likely require the testimony of people who have driven with you or who could testify that your car showed common signs of brake failure, such as leaking brake fluid, a brake warning light, or grinding noises indicating wear.
In many instances, the prosecutor will use testimony from a mechanic to state that the probability of you knowing about your brake damage was very high. This will likely include showing pictures of the damaged brakes and discussing how that damage would be very noticeable. If they don't use this approach, there's a chance it's because the mechanic couldn't testify to that line of reasoning.
Malfunctioning Brakes Can Be Used As A Defense
Your best defense in this type of case is to prove that you didn't know anything about the failure of your brakes. This is often a very hard thing to prove, however. Your best bet is to look up brake problems that have occurred in models similar to your car. If you can show that there is a precedent for these kinds of failures in your vehicle without negligence from the owner, you may have a chance.
Another defense you could use is the concept of comparative negligence. For example, you could use eye witness testimony to prove that the driver you hit behaved in a negligent way, such as driving too fast and hitting their brakes suddenly. Testimony from a mechanic stating that your brakes failed due to sharp pressure of a sudden stop is a must with this defense.
By calling a skilled auto accident attorney and coming up with a solid legal defense, you may be able to stop yourself from suffering from the damages of this lawsuit. Just be prepared to do a lot of research and preparation for the case.
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