Motorcycle Brake Malfunction Accident: Consult a Motorcycle Accident Attorney

Motorcycle accidents happen because of tailgating, distracted driving, or other carelessness. But what if a faulty brake causes the accident? Such accidents can be quite complex, so it’s essential to seek advice from a skilled Edmonton motorcycle accident attorney promptly.

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What to Do After a Motorcycle Accident Caused by Brake Problems

Like any other accident, call 911 immediately to report the crash to the police and ask for an ambulance if needed. If you believe faulty brakes played a role in the collision, take these three steps right away:

Stay At the Scene

It’s very important to stay at the accident site for several reasons. First, it’s not safe to keep driving with faulty brakes. It can cause more accidents or injuries. So, it’s important to stop your vehicle immediately and stay where the accident happened.

The law also requires all drivers involved in a motorcycle accident to remain at the scene until the police arrive and says it’s okay to leave.

Staying at the scene allows the police to properly investigate the accident, collect evidence, and create a report. This report is important for insurance claims and determining who is responsible for the accident. It’s best to stay until everything is sorted out properly.

Explain the Situation

Next, explain what happened to everyone involved. This includes the police officer who comes to investigate, the other driver(s) who were also in the accident, and any witnesses who saw what occurred.

By explaining the situation, you share vital information about what caused the accident. Tell them that you suspect your brakes were not working correctly and that this led to the collision.

Provide as many details as possible about the incident. Describe any signs you noticed before the accident that indicated brake problems, like strange sounds, brakes not responding well, or difficulty stopping the vehicle.

Your explanation is important for the police report, insurance claims, and any legal actions that can happen later. It helps everyone understand what happened and who could be responsible for the accident. So, it’s important to be open and honest about your brake experience to ensure a proper investigation and resolution.

Get Your Brakes Inspected

Have your vehicle towed directly from the accident to a qualified mechanic. This way, you can maintain the credibility of your brake failure claim. It provides strong evidence to support your case and shows you are serious about resolving the problem.

Avoid taking the vehicle anywhere else before the inspection. Going to another place or delaying the inspection will make others doubt your claim and think the brakes were tampered with or fixed to match your story. This could weaken your case and make it harder to prove that brake failure was the cause of the accident.

Who’s Responsible for an Accident Due to Brake Problems?

If you think a brake issue caused the accident, ask a personal injury lawyer in Edmonton for help and advice. Insurance companies, law enforcement, and attorneys will look into the accident details to determine who is to blame for the crash. According to Edmonton’s comparative negligence law, the motorist who is found to be at least 51% at fault will be held liable for the losses and damages suffered by the other driver or drivers.

To prove that brake failure caused an accident, two important things are needed to figure it out:

The Cause of the Brake Failure

If the brake failed because the driver didn’t maintain the vehicle properly, they could be held responsible for the accident. Drivers must keep their vehicles safe for others on the road. These include getting the brakes checked, repaired, or replaced as needed.

The brake failure could be due to a faulty replacement or improper servicing. Perhaps a mistake was made by a mechanic while replacing a braking system part, or they accidentally caused damage during a repair. If this is the case, the mechanic or their employer could share the blame for the accident.

In other instances, the accident could have resulted from a defect in the manufacturing or design of the brakes. In such cases, the manufacturer or engineering company can be held accountable. Our motorcycle accident lawyer will guide and represent you if any of these situations occur.

Prove that the Brakes Malfunctioned

This is the second important factor in a brake problem case. If the issue is not obvious and easy to spot, it can be challenging to show with strong evidence that the accident happened because of brake failure, not negligence. That’s why having a clear record of the vehicle’s possession and inspection after the accident is important.

Am I Able To Take Legal Action Against an At-Fault Driver For Damages If Their Brakes Malfunctioned?

If the brakes of the driver who caused the accident failed, you can usually sue them for damages. A motorcycle accident law firm in Edmonton will work with the at-fault driver’s insurance company to get you the most compensation possible.

This will cover all your expenses, such as:

  • Medical bills, including ambulance transportation, surgeries, imaging, medication, hospital stays, therapy, and medical equipment.
  • Repairing or replacing your vehicle.
  • Loss of income if your injuries made you miss work.
  • Expected medical bills if you need ongoing treatment.
  • Compensation for pain and suffering.
  • In severe cases, compensation for disfigurement or wrongful death.

After an accident, insurance companies usually want to pay as little as possible and will quickly offer a low settlement. It’s essential not to agree to any settlement or sign papers without your attorney’s advice.

Sometimes, insurance companies won’t settle fairly or refuse to pay for damages from the accident. In such cases, your personal injury attorney can suggest taking the insurance company to court or seeking compensation from the manufacturer or mechanic.

You’ll need to show evidence that the brakes were faulty, brake issues caused the accident, and your injuries and damages directly resulted from the accident.

If you were the driver with the faulty brakes, you could file a bad faith lawsuit if your insurance company rejects your claim. You can also file a case when the other driver’s negligence (like tailgating or cutting you off) contributed to the accident. Your attorney can guide you on maximizing your compensation in these situations.

Could I Be Blamed for a Crash Caused by Another Driver’s Brake Failure?

You could share the blame for a crash, even if the other driver’s brakes failed. For example, if you ran through a red light while the other driver was going on a green light, their failed brakes could have caused them to hit you. However, you could be held more responsible for running the red light.

What if My Brakes Failed and Caused the Crash?

If it’s found that your brakes failed and caused the crash, you will not have a case, especially if the brake failure was due to not getting them serviced or repaired. However, it’s still a good idea to talk to an attorney. You could not be liable if a recall, a defective part, or a faulty repair caused the brake failure.

How Do I Keep My Brakes Safe and Prevent Crashes?

Below are some of the simple tips to maintain your braking system and ensure it works well:

Regular Brake Maintenance

Take good care of your motorcycle and get it serviced regularly. Newer motorcycle models have a schedule the manufacturer provides to guide you on when to get maintenance. Some vehicles have warning lights to indicate when something is wrong.

Older vehicles could not have clear indicators, but your mechanic can check the brakes during other routine maintenance checks. Look out for these signs that your brakes need attention:

  • The brake light goes on.
  • Strange sounds (grinding, squeaking, squealing, or screeching noises could mean your brake pads and shoes are worn)
  • Soft or spongy brakes
  • Pulling to one side
  • Wobbling or vibration
  • Leaking brake fluid
  • Burning smells

Paying attention to these signs and getting regular maintenance can ensure your brakes are in good condition and reduce the risk of brake failure leading to a crash.

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Injured in a Motorcycle Accident Due to Brake Failure? Call Our Sidhu Law Office for Legal Help Today

If you’ve been in an Edmonton motorcycle accident caused by faulty brakes, you could be unsure about what to do next and how to resolve the situation quickly. You need advice and support from Sidhu Personal Injury Lawyers Edmonton, Edmonton’s top personal injury attorneys.

Our Sidhu law office has motorcycle accident attorneys who specialize in these events. We’re here to assist you in understanding your situation and deciding on the appropriate steps to take. Don’t face the accident’s aftermath alone; our lawyers will lead you through the legal process. Contact us today for a private and free consultation.

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