If you are involved in a car crash due to another vehicle’s brake failure, you may be entitled to recover compensation by taking legal action against the vehicle owner. A skilled Calgary car accident lawyer can guide you through the entire process, from filing a claim or lawsuit to negotiating with insurance companies.
First, a lawyer will gather evidence, such as maintenance records, witness statements, and expert opinions, to demonstrate the vehicle owner’s negligence. They will also calculate the compensation you deserve for lost earnings, pain and suffering, and other losses.
Additionally, an experienced lawyer can navigate settlement negotiations or pursue litigation if necessary, ensuring that your rights are protected. By handling all aspects of the legal process, a skilled lawyer can alleviate the stress of dealing with the aftermath of an accident, allowing you to focus on your recovery.
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Types of Car Accidents that Can Result from Brake Failure
Brake failure can lead to a range of dangerous car accidents, as it prevents the driver from being able to slow down or stop their vehicle when needed. One common accident resulting from brake failure is a rear-end collision. In this scenario, the driver may be unable to stop in time to avoid hitting the car in front of them. The driver of the car with the brake failure may be held responsible if they neglected brake maintenance on their vehicle.
Another type of accident that can happen is a collision at an intersection. If the brakes fail while approaching a red light or stop sign, the driver may be unable to stop in time to prevent running the light or failing to yield to oncoming traffic. This can result in a dangerous T-bone crash, where the front of one vehicle strikes the side of another vehicle.
Brake failure can also lead to a head-on collision. If the driver attempts to stop but is unable to do so, they may swerve into oncoming traffic, causing a crash that is often severe or fatal.
Vehicle owners are often responsible for brake failures that lead to accidents. Proper brake maintenance is essential for safe driving, and if the owner neglects routine checks, like replacing worn brake pads or fixing fluid leaks, they can be liable for any accidents that occur. Regular maintenance of the braking system, including inspections by a certified mechanic, is vital to ensure the vehicle’s brakes are in good working condition. If an accident happens due to poor maintenance, the owner may be found at fault for not keeping their vehicle safe.
The owner may also be responsible if they ignore warning signs of brake problems, such as strange noises or reduced braking power. If the vehicle owner continues to drive without addressing these issues, they may be held liable for any resulting accidents. In these cases, brake failure can be directly linked to the owner’s negligence in maintaining their vehicle.
Injuries in Car Crashes that Result from Brake Failure
Car accidents resulting from another vehicle’s brake failure can lead to a wide range of injuries, varying in severity depending on the circumstances of the crash. One of the most common injuries in these types of accidents is whiplash. When a vehicle suddenly crashes into another, the abrupt force can cause the accident victim’s head and neck to snap forward and backward quickly, leading to strain on the muscles and ligaments. Whiplash can cause pain, stiffness, headaches, and limited range of motion, sometimes lasting for weeks or even months.
Another common injury is a concussion, which can occur if the victim’s head strikes the steering wheel, dashboard, or window during the crash. A concussion is a type of traumatic brain injury that can result in dizziness, confusion, memory loss, and, in some cases, long-term cognitive issues. Even if the victim does not lose consciousness, a concussion can have lasting effects, especially if not treated properly.
Broken bones are also frequent injuries in accidents due to brake failure. The force of the collision can cause fractures to various parts of the body, including the arms, legs, ribs, and pelvis. Fractures may range from simple breaks to more complicated injuries requiring surgery and rehabilitation. For example, broken ribs may lead to difficulty breathing, while broken limbs can cause long-term mobility issues, requiring physical therapy or even permanent disability.
Injuries to the spine are particularly concerning in brake failure accidents. The impact can cause herniated discs or even spinal cord damage, leading to permanent nerve damage or paralysis. Spinal injuries can affect mobility and may require extensive medical care, such as surgery, physical therapy, or long-term rehabilitation.
Internal injuries, such as damage to organs like the liver, spleen, or lungs, can also occur in severe crashes resulting from brake failure. These injuries are often not immediately visible but can be life-threatening. Victims may experience internal bleeding, pain, and difficulty breathing, requiring urgent medical attention.
Lastly, psychological trauma can result from car accidents, leading to conditions like post-traumatic stress disorder (PTSD). Victims may experience anxiety, flashbacks, and emotional distress long after the crash, affecting their mental health and quality of life.
All of these injuries can have lasting effects and require extensive medical treatment.
Legally Demonstrating that a Car’s Brake Failure Caused an Accident
To legally demonstrate that another car’s brake failure caused an accident, the victim must gather and present clear evidence showing that the brake failure was the direct cause of the accident. One of the first steps is to collect as much evidence as possible from the scene of the accident. This includes taking photographs of the vehicles involved, focusing on any visible damage, the positions of the cars, and any tire marks or skid marks on the road. Skid marks, for example, can indicate whether the driver tried to stop but couldn’t, suggesting a brake failure.
Next, it’s important to gather witness statements. If there were any bystanders or other drivers who observed the incident, their testimony could be valuable in supporting the claim of brake failure. Witnesses can describe the other vehicle’s erratic behaviour, such as failing to stop at a red light or swerving unpredictably, which may indicate a loss of braking power.
Additionally, the victim should request a police report, which often includes the officer’s observations and may note if brake failure was suspected. Sometimes, the police can inspect the vehicles at the scene, and their initial assessment may provide strong evidence of brake failure.
To strengthen the case, it’s also essential to seek the opinion of an expert, such as an accident reconstructionist or a mechanic, who can examine the other vehicle’s braking system. An expert can determine whether the brakes were in proper working condition before the crash or if they were worn out or improperly maintained. If the brakes were not functioning properly, this may point to negligence on the car owner’s part.
To demonstrate that the car owner may be responsible, evidence of poor maintenance or neglect of the vehicle’s braking system must be shown. Vehicle owners are legally required to keep their cars in safe working condition. If the brakes were worn out or damaged due to a lack of maintenance or failure to address warning signs, such as squeaking noises or reduced braking power, the owner may be found negligent. Maintenance records, receipts from past repairs, and testimony from mechanics can help show that the owner failed to properly maintain the brakes on their vehicle.
Litigating a Car Accident Case Where the Crash Resulted from Brake Failure
When litigating a car accident case due to another vehicle’s brake failure (and where the car owner is responsible), the process begins by filing a lawsuit. The victim, or plaintiff, will first meet with a lawyer to discuss the details of the accident and the evidence they have gathered, such as photographs, witness statements, and expert opinions on the brake failure. The lawyer will then prepare a complaint, which is a formal document outlining the plaintiff’s claims and the legal reasons the car owner should be held responsible. This complaint is then filed with the court and served on the defendant (i.e. the car owner), who then has a specific amount of time to respond.
Once the lawsuit is filed, the next step is discovery. During this phase, both sides exchange information and gather evidence. The plaintiff may request documents, such as maintenance records for the defendant’s vehicle, to prove that the car owner neglected to maintain the brakes properly. The defence may also conduct depositions, where witnesses, experts, and the parties involved provide sworn testimony. Discovery allows both sides to assess the strength of each other’s case and determine whether settlement negotiations should begin.
Before a trial begins, there’s often a chance for alternative dispute resolution (ADR), such as mediation or arbitration. During mediation, a neutral third party, called a mediator, facilitates discussions between the parties to help them reach a settlement. The mediator does not make a decision but guides the parties toward a resolution that both sides can agree on. Arbitration is more formal and involves an arbitrator who listens to both sides and makes a binding decision. ADR can save time and money, and many car accident cases are resolved through these methods before they ever reach a courtroom.
If ADR doesn’t result in a settlement, the case proceeds to trial. During a trial, both sides present their evidence and arguments to a judge or jury, who then decides whether the car owner is responsible for the accident and how much compensation the victim is owed.
Recoverable Compensation in Car Crashes Resulting from Brake Failure
In car accident cases that result from another vehicle’s brake failure, victims may be entitled to recover compensation for the physical, emotional, and financial damages they suffer.
- One compensable damage is lost earnings. If the victim is unable to work due to the injuries they sustained in the accident, they may be entitled to compensation for the income they would have earned while recovering. This can include both the time they missed from work immediately following the accident and any long-term effect on their ability to continue working. For example, if the victim suffers permanent disability or chronic pain that affects their job performance, they can recover future lost earnings as well.
- Pain and suffering is another compensable damage. This covers the physical and emotional distress directly resulting from the accident and the injuries sustained. Pain and suffering can be difficult to quantify, but it may include compensation for chronic pain, anxiety, depression, emotional trauma, and a reduced quality of life. The severity and duration of the injury, as well as the emotional toll on the victim, are considered when determining the amount of compensation to award for pain and suffering.
- In addition to pain and suffering, loss of consortium can be claimed by the spouse of the victim. If the victim’s injuries severely affect their relationship, such as by preventing them from providing emotional support or engaging in activities they once enjoyed together, the spouse may be entitled to compensation. Loss of consortium acknowledges the effect that the victim’s injury has on their family and relationships – especially in cases where the victim’s ability to engage in everyday life is significantly impaired.
- Punitive damages may also be awarded in certain cases, particularly if the car owner’s actions were grossly negligent. For instance, if the car owner ignored clear warning signs that their vehicle’s brakes were failing and continued to drive, causing an accident, the court may award punitive damages to punish the car owner and deter others from similar reckless behaviour. Punitive damages are not meant to compensate the victim directly but to serve as a deterrent.
- Finally, emotional distress compensation can be awarded for the psychological effects of the accident. Victims may experience trauma, anxiety, nightmares, or PTSD as a result of the accident, and compensation for emotional distress helps address these non-physical consequences.
Speak with an Experienced Car Accident Lawyer Right Away
If you suffered injuries in a car crash that resulted from another vehicle’s brake failure, a skilled Calgary personal injury lawyer in your area can handle every step of your case. They will thoroughly investigate the accident circumstances, take legal action against the responsible party, and pursue the maximum compensation available for your accident-related losses.
