99% of rear-end accidents, collisions, and fender benders are caused by one driver tailing another car too closely, but who is legally at fault if the tailing driver hits the car ahead then blames faulty brakes for the collision? Here’s what must be documented for that argument to succeed.
Make Your Claim Immediately
Get out of your car and tell everyone nearby that your brakes unexpectedly failed. “I stepped on the brake pedal and nothing happened!”
If you wait weeks to make that claim, it will likely be dismissed.
Never Drive Your Car Away from the Scene of the Accident
If your claim is credible, and your brakes truly are faulty, then driving the car should be impossible. If the car is not towed from the accident scene and taken to a nearby garage to be inspected after the accident.
Have Your Car Looked at Right Away by a Neutral Mechanic
Avoid visiting a mechanic that you go to regularly to prevent arguments of favoritism from prosecuting attorneys. An impartial opinion will help you maintain credibility and protect you.
It all boils down to one key question: if the brakes did truly fail, why did they fail? The only acceptable failure that could help the driver avoid liability is a sudden, unexpected, complete failure.
Even sudden brake failure might not be enough of a defense if the driver was distracted or following too closely. In these cases, the plaintiff typically argues that the driver shouldn’t have followed so closely. Focusing the blame on the driver’s inattention (e.g., negligence), not brake failure.
For more information or to visit a location, please visit midtownmedicalcenter.com
About Midtown Medical
Midtown Medical brings decades of accident injury diagnosis, treatment, and on-going care to patients who have suffered from accidental injury. Our network of doctors, specialists, and medical staff have partnered with best-in-class chiropractors who specialize in the care and treatment for accidents associated with: automobile, motorcycle, Uber Lyft, slip-and-fall, or work-related incidents. Midtown Medical is committed to helping patients recover. For more information or to book an appointment today at Midtown Medical visit https://midtownmedical.org.
If you are looking for a doctor or chiropractor near Nashville, Tennessee, call Midtown Medical Center, your best solution for accident injury care.