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When a Driver May Be Held Liable for Brake Failure

When Mississippi motorists are involved in an accident that was caused by failing brakes, they may wonder who will be held responsible. Although the driver whose vehicle did not brake may be held liable on certain situations, there are a few other circumstances where that may not be the case.

When drivers fail to brake and collide with the vehicle in front of them, they will be held at least partially responsible for the accident. Investigators may look at the vehicle's black box to determine what speed the vehicle was traveling when the accident occurred and whether or not the driver attempted to brake.

In some cases, mechanical issues could cause the brakes to fail. This occurs when a driver hits the brake pedal only to find that the vehicle will not stop. In most cases, however, drivers, are responsible for ensuring that their vehicle is road safe. This means that they are required to keep their brakes in working conditions at all times. In rare cases, a defect in the vehicle's brake system could occur, resulting in a crash. When this happens, the manufacturer could be held liable.

Rear-end car accidents can result in serious injuries to occupants in the vehicle that has been hit from behind. Although it is usually assumed that the trailing driver was at fault, this is not necessarily the case. An attorney representing an injured victim will review a variety of evidence, including the accident investigation report and the vehicle software, in order to pinpoint financial responsibility.

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