Your Legal Rights After a Car Accident Due to Faulty Brakes or Tires

Published: 14th June 2011
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One of the most dangerous inventions of the industrial era is the automobile. Automobiles are one of the leading causes of death in the modern age. Some of the main reasons for these statistics are: people are spending longer amounts of time in their cars, automobiles are often used during criminal acts, and many people do not properly maintain their vehicles.

There is one common characteristic shared by all the motorcycles, trucks, and cars involved in accidents in the Denver area. These modes of transportation all use tires to get around. It may surprise you to learn that even though only a small part of the tire makes ground contact at any one time, tires and brakes still cause over twenty-five percent of all the motorcycle accidents in the Denver area. It is possible that you may be able to successfully sue an individual who has failed to maintain his tires or who has driven on faulty tires that has caused you injury during an accident.

Many different parties may be held liable for the tire or brake malfunction. For example, if injuries sustained from a car accident were the result of faulty tires or brakes, those at fault can include a mechanic, the brake manufacturer, the driver, or the driver's employer. For those accidents involving trucks in the Denver area, the company who owns the truck could be responsible for the injuries caused.

Due to the fact that there are several parties possibly at fault, it is common practice to pass the blame on to someone else so that their insurance company will pay for the damages. There does exist the possibility, however, to bring several different parties to court, as more than one person could be responsible for the accident. It would be a good idea to retain the services of an injury attorney in the Denver area to help you avoid these attempts to circumvent responsibility when dealing with more than one party.

If the cause of the accident was due to brake failure, the likelihood of receiving a settlement is increased due to the fact that braking systems are highly regulated. Braking systems on trucks in particular, are governed by special federal regulations to ensure that they have a specific amount of braking power. If you were involved in an accident with a car whose brakes fall below these standards, you can base a claim on the premise that the design or the manufacturing of the brakes was inferior. This type of case would be better categorized under product liability instead of the personal injury category.

You also have grounds for legal action if the trucking company did not do the necessary maintenance required for braking systems. In order to minimize brake replacement costs, there are some truck drivers who will purposely disconnect the front brakes. This may appear to be a foolish thing to do but many truckers prefer using the transmission or the trailer brakes to reduce speed. Doing something so negligent as to disconnect a braking system just to save some money could elevate a case from a basic personal injury negligence claim to a major international tort. If you find yourself the victim of such an act, your recourse would be to bring both the trucking company as well as the truck driver to court.


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