Who Is at Fault in a Brake Failure Accident in New Mexico?

by | Mar 9, 2022 | Car Accidents, Product Liability

Brakes functionally correctly on a car or truck are one of the most fundamentally important aspects of driving. Brakes are designed for the safe slowing or stopping of a motor vehicle in traffic or at traffic lights by inhibiting forward motion. All of the parts of a brake need to be mechanically sound in order to prevent serious accidents and injuries. Accidents caused by brake failure are catastrophic due to the high speed collisions. In the cases of accidents due to brake failure, it is not always clear who is liable.

When you have experienced an accident due to brake failure, it is best to consult a knowledgeable New Mexico car accident lawyer for an assessment of your case and legal counsel regarding who may be liable for your injuries.

What Mechanical Defects May Cause Brake Failure

There are three components in a brake system that have to work properly in order to avoid a car accident or pedestrian accident. When these are faulty, it may result in devastating consequences for victims. Mechanical brake defects may include:

Drums and Rotors

These components meet the car’s wheels when inviting the motion of a motor vehicle. They may become warped and worn over time, requiring replacement. When this is neglected, it can take longer to come to a stop and may increase the risk of an accident.

Brake Pads

The brake pads help slow the vehicle by applying pressure to the drums and rotors. Brake pads need to be replaced routinely in order to work properly. Neglecting to replace brake pads can cause the system to fail completely or overheat.

Brake Fluid

The braking system is dependent upon brake fluid being adequately distributed through the lines and calipers. When there is not enough brake fluid, or if there is a potential leak, there will not be enough pressure to stop the motor vehicle.

Brakes can fail for a multitude of reasons, but failure can also be dependent on the inadequate replacement of specific parts to keep them functioning correctly. If a mechanical failure of the braking system of another driver was the reason for your accident, speak with a New Mexico car accident attorney for guidance regarding how to proceed to best build your case.

Who Is Liable for a Motor Vehicle Brake Failure Accident?

An in-depth investigation of the accident will be required to assess liability. After gathering persuasive evidence, your attorney may determine that the liability falls on one or more of these parties:

The Car Dealership or Manufacturer

Fault may fall on dealerships and manufacturers depending on the type of brake malfunction. Sometimes these parties may install and produce products that are dangerous to consumers without disclosing potential defects. They may be liable if a defect was the reason for your accident.

A Mechanic or Repair Shop

In some cases, a mechanic or repair shop may fail to assemble parts properly, resulting in a mechanical failure that leads to an accident. When this happens, they may be held liable for negligence.

The Other Driver

The driver who caused the accident is responsible for routinely replacing brake parts to avoid mechanical malfunction. Vehicles must be inspected annually in compliance with state law and cannot pass inspection with faulty brakes. If the other driver was aware of their faulty brakes and failed to get them replaced, they may be liable for the accident.

When assessing liability, it is best to consult the expert assessment of a car accident lawyer. When building your case, they will conduct an extensive investigation and gather evidence on your behalf to prove negligence.

Speak with a Brake Failure Car Accident Attorney at Dominguez Law

When you have been in an accident due to brake failure, it is best to consult a knowledgeable attorney at Dominguez Law. We will investigate the accident, obtain persuasive evidence on your behalf, and fight for your right to maximum compensation.

When you are terribly injured from a brake failure accident, our trusted and compassionate legal team at Dominguez Law can help you achieve the best outcome for your case based on the circumstances of your motor vehicle accident. If negligence played a part in brake failure, we will build a strategic case to hold them accountable for your losses. Call (505) 317-9837 for a free, complimentary consultation or fill out our contact form. We also speak Spanish.