Brake Failure Car Accidents in New Jersey
Experiencing brake failure in your car can be frightening and traumatic, especially if it results in a car accident. If brake failure caused or contributed to your crash in New Jersey, you may have grounds to file a claim against a product manufacturer, an auto mechanic or another party.
Consult with a New Jersey car accident attorney to explore your legal options.
Who Pays for a Car Accident Caused by Brake Failure in New Jersey?
New Jersey’s no-fault law means that you can typically file a claim with your own car insurance provider and receive financial benefits through personal injury protection (PIP) coverage, regardless of fault. There are certain circumstances, however, where you can sue outside of the no-fault law for additional damages.
A Driver
A brake failure car accident may be the result of someone’s negligence. In this situation, you could have grounds to bring a claim against the negligent party for your injuries. However, you must have right-to-sue insurance or serious injuries to hold someone else responsible. In a car accident case, someone is negligent if he or she does not act with proper care. You may have the right to file a claim against the driver of the motor vehicle if he or she contributed to the accident. If a truck driver did not use the correct braking techniques, for example, the driver could be held liable or financially responsible for a brake failure truck accident.
The Vehicle Owner
It may also be possible to hold the owner of the vehicle liable for brake failure caused by poor vehicle maintenance. The driver, a company or an employer can be held accountable for accidents caused by a negligent failure to inspect the brakes or repair or replace worn-down brakes.
The Brake Manufacturer
A brake failure accident can also stem from defective car parts. If a vehicle is equipped with bad brakes that have a manufacturing, design or marketing flaw, they could malfunction during a drive and cause a serious crash. The manufacturer or distributor of the defective brakes could be held accountable after this type of brake failure accident with a product liability claim.
A Maintenance Company
The individual or team responsible for vehicle maintenance could be held liable for a brake failure accident in New Jersey if the brakes were not properly installed or inspected. This could include an auto shop, an individual mechanic or a trucking company.
What to Do After a Brake Failure Car Accident in New Jersey
If you get injured in a brake failure car accident, it is important to take immediate steps to try to protect yourself. You should always put your health and safety first. Pull off to the side of the road in a safe location and check yourself for injuries. Get medical care immediately, even if you feel fine. You may have injuries with delayed symptoms. While you are still at the scene of the car accident, take pictures and get a police accident report. File a claim with your own car insurance company to seek compensation for your property repairs and medical costs. Then, consult with an attorney to discuss other legal options.
How Can a Car Accident Lawyer in New Jersey Help?
An attorney can investigate to prove brake failure, identify the liable party or parties, and collect evidence to support your injury claim or lawsuit. Your lawyer can hire qualified crash experts to help prove your bad brakes claim, as necessary. A lawyer will also have the ability to take your case to court to pursue maximum compensation on your behalf if a settlement cannot be reached. Trust your brake failure car accident claim to the Law Offices of Jeffrey S. Hasson, P.C. to experience the difference an experienced attorney can make. Call (201) 582-8321 anytime for a free case review.