Many California car accidents are the result of someone failing to brake on time or not braking at all. In the majority of cases, these crashes are the result of human error. People who aren't paying enough attention to brake on time and motorists following too closely to have enough time to stop are frequently responsible for car accidents. However, there are some occasions where a person's brakes fail or are faulty.
When a car accident occurs, a determination of fault will be made. Liability usually rests with a person who failed to brake on time to avoid an accident. Individuals who are distracted and fail to brake or brake on time to prevent an accident are usually considered to be at fault as are people who are following too closely behind another vehicle.
However, someone who was in an accident due to faulty brakes could end up avoiding liability for an accident if the issue was a mechanical failure. Although state law requires that people's automobiles are kept in functional condition, if maintenance would not have kept brakes from failing, the driver may not be considered to be responsible for an accident. In these situations, an automobile manufacturer may be held liable if brakes were determined to be faulty.
Deciding fault in motor vehicle accidents can be important because it determines who will be responsible for paying for expenses related to a crash. While the individual who is liable for an accident may be required to pay out of pocket, it is normally handled by the insurance company. Since insurance companies normally try to settle for the least amount possible, people should not accept the first offer. A lawyer could help a victim calculate an appropriate amount of compensation for expenses related to a crash, such as vehicle repairs or medical bills.