If you are struck by a vehicle that has inadequate brakes while traveling in Texas, you may be entitled to compensation for damages. However, the cause of the faulty brakes will largely determine who is responsible for reimbursing you for any financial losses that you incur.
The brakes are faulty because the owner failed to maintain them
In such a scenario, the driver of the vehicle that struck yours would likely be liable for any damages that you incurred. This is because a vehicle owner is required to take reasonable steps to avoid any hazardous conditions such as an inability to stop his or her car in a timely manner.
The brakes failed because they were improperly manufactured or installed
In the event that brakes fail because of a manufacturing or installation defect, the party responsible for the defect is likely liable in your motor vehicle accident case. It’s also possible that the party that sold defective braking system parts would also be named as a defendant. Of course, if the owner of the car that hit yours knew about the defect, he or she may still be liable for failing to remedy the problem in a timely manner.
The brakes failed because of an unforeseen hazard
If the brakes fail because someone cut them the night before, it becomes difficult to determine who is liable for the motor vehicle accident. In such a scenario, other facts in the case will likely play a role in figuring out who is responsible for your injuries or property damage. In the event that problems arise because of poor road conditions, the agency tasked with maintaining them may be a defendant in your case.
Maintenance records, witness statements and other evidence may be crucial in a personal injury claim arising from a motor vehicle accident. These lines of evidence may make it possible to confirm that a motorist’s negligence allowed a hazardous condition to develop that resulted in a financial loss. Ultimately, this may allow you to collect compensation via a negotiated settlement or after a trial.