Who Is at Fault in a Brake Failure Accident - Iowa Law

Introduction to Brake Failure Accidents

A brake failure can often lead to a rear-end collision, which is a common type of car accident in Iowa.

According to Iowa law, the person or company responsible for the brake failure can be liable for a rear-end accident.

Brake failure can be caused by many factors. These include faulty brake manufacturing or poor vehicle maintenance.

Tom Fowler, of Tom Fowler Law, can help victims of brake failure accidents file a personal injury lawsuit. The team can help determine fault and recover compensation for damages. They can also explain who is at fault in a roundabout accident Iowa.

Causes of Rear End Car Accidents

Rear end collision cases are often caused by brake failure, which can be attributed to the rear driver's negligence.

Things like distracted driving, tailgating, and speeding can also contribute to a rear end crash.

In some cases, the front brakes may fail, which could cause the vehicle to crash into another vehicle or object.

Finally, reckless driving, like brake checking, may lead to accidents and serious injuries.

Liability and Compensation in a Rear End Collision

In Iowa, the insurance company might be responsible for covering damages if their policyholder is found to be at fault. This is especially the case if the accident happened due to a tailgating driver, careless driving, or failing to maintain a safe distance. Even in the case of sudden stops, many times the rear car is seen as the one holding the most responsibility.

Iowa law allows for recovering compensation for damages. This includes compensation for medical expenses, lost wages, and pain and suffering. This is the case even if the other party is partially at fault, i.e. their brake lights were out.

It's possible that the brake manufacturer could be the party responsible, too. This is especially the case if it can be proven that the manufacturer did something wrong. A mechanic could also be held responsible if they installed the brakes incorrectly.

Accident Investigation Following a Rear End Accident

Following a brake failure accident, it's important to get all of the details as to why the crash occurred. As with any car accident case, a car accident attorney can gather evidence, including witness statements, to help determine fault. Photos and videos of property damage, injuries, and the immediate environment should also be taken.

Working with a car accident attorney can help the victim gather evidence for their case, and specific circumstances may show that one driver was driving in an unsafe manner, that the roadway was dangerous, or that there was something mechanically wrong with the brakes. Depending on the results of an investigation, fault can be determined.

Proving Fault in an Auto Accident

Proving fault in a brake failure case isn't easy. The victim and their attorney must show that another party was reckless or negligent. A car accident attorney will use the evidence they have, along with witness testimony, to establish a case.

In many cases, insurance adjusters will try to minimize or even deny the claim. A skilled attorney will go against the insurance company and get their client a fair settlement. They can also be helpful when explaining who is at fault in a school bus accident Iowa.

Due to Iowa law, the plaintiff must prove that the other driver was negligent before they can recover compensation. In the case of a manufacturer, the same applies. In the case of a semi truck accident, the trucking company might be at fault. The most common type of brake failure accidents, however, are between two cars.

Dealing with Insurance Adjusters

When dealing with insurance companies, it's imperative that a car accident attorney is involved in the case. The insurance company might try to offer a low settlement or deny the claim, but an attorney can help the victim get a fair deal and significant compensation.

In some cases, even if the policyholder of the insurance carrier is only partially at fault, the company still might be responsible for covering damages.

A car accident attorney will navigate the complex process of filing a clam and dealing with insurance companies. If the victim died in the accident, they will help the family with a wrongful death case.

Accident Prevention

The best thing that any driver can do is avoid a brake failure accident altogether. Here are some tips:

• Maintain a safe distance between vehicles

• Follow the speed limit

• Avoid tailgating, distracted driving, aggressive driving, and brake checking

• Perform regular vehicle maintenance

• Drive defensively and follow traffic flow

It is the duty of a driver in Iowa to reasonably avoid accidents and risk while on the road. A motorist must follow all traffic laws and be aware of their surroundings at all times. For more information, a car accident law firm may be able to help.

Call Tom Fowler Law and Work with an Accident Attorney

It's always best to seek out a personal injury attorney in injured in a car accident. The injured person has rights, and they may be eligible for compensation. It's important to start building a case quickly, and begin the evidence process as soon as possible following the crash.

Contact Tom Fowler Law today for a free consultation. The team has been working in the Des Moines area for years, and they are ready to put in the hard work to get compensation for their clients. Tom Fowler and his team has won millions for victims, and even if they have to go to court, they will fight for the rights of their clients. Call today and make an appointment.