Brake Failure Accidents in Oklahoma City
All car accidents are frightening, especially when they end in serious injuries. However, when an accident occurs due to brake failure, it’s uniquely traumatic for injured motorists. In a brake failure accident in Oklahoma City or elsewhere, motorists often have moments, or even several minutes, of terror when they apply their brakes to no avail. When a car or truck’s brakes fail, a driver cannot slow or stop their vehicle to avoid a crash.
In states like Oklahoma, with fault-based car accident laws, an injury victim may be left uncertain about where to turn when the cause of an accident is not a careless driver, but faulty mechanical parts, such as brake failure.
If you or a loved one was injured in a brake failure accident, contact an experienced Oklahoma City car accident lawyer or truck accident lawyer from Dan Davis Law to help investigate the cause and pursue compensation from the responsible party.
Most Common Causes of Brake Failure Accidents In Oklahoma City
Cars and trucks require regular maintenance, including checking critical components, such as brake systems, and making necessary repairs or replacements for worn parts. Unfortunately, brake failure accidents are not as uncommon as you might think. The most common causes of brake failure accidents include the following:
- Inadequate maintenance, such as worn brake pads and damaged rotor discs
- Brake fluid leaks
- ABS mechanical or electrical malfunctions
- Overheated brakes
- Brake imbalances
- Faulty master cylinder
- Air in the brake lines
- Mud or moisture in the brake system
- Manufacturing defects
- Defective brake system designs
- Brake indicator or warning light malfunctions
- Overloaded trucks
Brake failure often leads to serious car accidents, including rear-end collisions, intersection accidents, and collisions with obstacles. When a driver is descending a hill or mountain, brake failure often results in roadway departure accidents, which frequently have deadly consequences.
Determining Liability In an Oklahoma City Brake Failure Accident
Oklahoma’s modified comparative negligence insurance system requires a car or truck accident victim to file a claim against an at-fault driver or other negligent entity to recover compensation for damages like medical expenses, lost earnings, and compensation for pain and suffering. This often requires a skilled investigation by an attorney protecting the injury victim’s best interests. An investigation after a brake failure accident determines the party at fault for the failure. Common liable parties in brake failure accidents include the following:
- A negligent vehicle owner due to insufficient brake maintenance
- A negligent brake repair shop
- The manufacturer of a defective brake part or a faulty brake system due to a design flaw, manufacturing mistake, or marketing error
- A negligent trucking company
In complex brake failure cases, multiple parties may be involved, with insurance companies pointing fingers at one another to delay, dispute, or deny claims.
It’s essential to act quickly after a crash caused by brake failure. Oklahoma law limits the amount of time you have to file a claim, typically 2 years from the date of the accident. Failing to act within the Oklahoma statute of limitations may result in the loss of your right to pursue compensation, regardless of how strong your case may be.
Recovering Compensation After a Brake Failure Accident In Oklahoma City
Whether you were injured due to your vehicle’s brake failure or in a collision with another vehicle with failed brakes, you deserve compensation for your serious injury damages as well as the property damage to your vehicle. Common damages recovered from liable parties in brake failure accidents include:
- Past and future medical expenses caused by the injury
- Past and future income loss
- Reduced earning ability due to disability
- Out-of-pocket expenses
- Compensation for pain and suffering
If the injury caused catastrophic injuries, additional damages could be available that are specific to the injury, such as loss of limb, loss of one of the senses, disfigurement, organ loss, or diminished quality of life. An Oklahoma City wrongful death lawyer may help you recover benefits for the closest family member of a fatally injured victim after a brake failure accident.
How Can an Oklahoma City Brake Failure Accident Attorney Help?
Following a brake failure accident, a thorough investigation and meticulous documentation of evidence are necessary to establish liability and support a compelling claim for full and fair compensation. Call our Oklahoma City car accident lawyers or truck accident lawyers at Dan Davis Law to learn about your legal options for financial recovery so you can focus on your physical recovery.