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Determining liability in failure to brake accidents

Many Louisiana car accidents involve a motorist failing to brake in time. Along with people being distracted and not braking when the person in front of them slows down, some people also follow the person in front of them too closely to be able to brake in time if the person ahead of them stops abruptly. Additionally, a mechanical failure may result in brakes not responding.

Who is determined to be responsible for a crash will normally depend on how the accident took place. Motorists who are distracted by a cellphone or who are following the vehicle in front of them too closely will normally be considered at fault for a crash.

However, drivers whose brakes failed may or may not be considered liable. If brakes failed because of poor maintenance, state laws will normally hold the owner liable since it is required that people keep their vehicle in functional condition. When brakes fail due to a mechanical problem that is not related to maintenance, however, the driver will not usually be held liable, but an automotive manufacturer may be.

Finding out who is at fault following a car accident is what determines who is responsible for paying for expenses related to the crash. However, in many cases, it is the at-fault driver’s insurance company that provides compensation for medical bills, vehicle repair costs and other expenses. Unfortunately, the amount that is offered by the insurer is often insufficient to cover the medical expenses and other losses of the injured victim. When this is the case, an attorney could seek more appropriate compensation through a lawsuit filed against the negligent driver.

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Chip Forstall
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New Orleans, LA 70119

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