If you were in an accident caused by brake failure, you could receive compensation for the injuries and losses you suffered as a result of the accident.
A Shreveport brake failure lawyer from the Morris Bart law firm may be able to represent you, determine the cause of the brake failure, and hold the liable party or parties accountable. This could allow you to recover compensation for your medical bills, lost wages, and other damages.
You can discuss your case with a representative of the Morris Bart law firm. We offer free case evaluations for accident victims and handle many cases on a contingency fee basis.
Brake Failures Caused By Defective Products and Negligent Maintenance
Brake failure accidents are somewhat unique because it may not be another driver who is legally responsible for your losses. Instead, it may be another negligent party, such as a component manufacturer or a mechanic.
Our attorneys may be able to determine what happened, who is responsible, and what you can do to hold them legally liable for your injuries, expenses, and losses.
In general, there are two types of brake failure cases:
Defective Products Cases
This is when a defect in the design, manufacture, or marketing of a brake component causes a brake failure. The liable party in a brake failure accident may include:
- The vehicle manufacturer
- A parts manufacturer
- The designer of the broken or failed part
Negligence Cases
Sometimes, a party responsible for maintaining a vehicle’s brake system could be liable for an accident caused by their negligence. This may include:
- Mechanics who provided improper maintenance or repair
- Vehicle service departments who failed to ensure the brakes were working properly
A negligent car owner can also be liable for this type of case. When an owner neglects to provide the necessary maintenance and care for their car’s braking system, they may be responsible for a resultant brake failure.
Since the owner is generally the driver, these types of cases proceed like most other fault-based car accident cases. However, there may be some circumstances where this is not true, and we need to pursue a case against the car’s owner instead of the person behind the wheel at the time of the crash.
For a free legal consultation with a Brake Failure Accident lawyer serving Shreveport, call (318) 553-5470
Building a Brake Failure Accident Case
When we represent you, a Shreveport brake failure lawyer from the Morris Bart law firm can take steps to investigate what happened and the role all parties played in your accident. This is an important part of pursuing damages in your case. We can use available evidence as well as expert information from accident reconstruction specialists, industry experts, and others.
This allows us to get a better understanding of:
- What happened that caused the brakes to fail
- How the brake failure led to your accident
- If the accident could have been prevented
- Who is responsible for the accident and injuries
- The injuries you sustained
- The fair settlement value of your claim
In some cases, we can negotiate an out-of-court settlement and recover financial support for our clients from the responsible party’s insurance company. This is the most common way we win compensation for those we represent. Other times, we may need to take a case to trial and ask the judge and jury to award compensation.
At the Morris Bart law firm, we have 15 locations and represent clients across Louisiana, Mississippi, Alabama, and Arkansas. We have helped car accident victims in Louisiana get justice for more than four decades. We know how to prove these cases and win for our clients. You can receive a free consultation on your case from a representative of our Shreveport office.
Recoverable Losses in a Brake Failure Accident
When brakes fail, whether on your car or someone else’s, it can create a dangerous situation that can lead to any number of injuries, property damages, and other losses. When the Morris Bart law firm files an insurance claim or civil suit based on your accident, we can document your recoverable losses and their value and present this evidence to the insurer or in court.
In general, the recoverable damages in a car accident case include:
- Current and future treatment and care expenses
- Current and future missed pay and reduced ability to earn, as well as related benefits
- Loss of services
- Property damages, including car repairs
- Pain and suffering damages
- Other non-economic damages
The Morris Bart law firm also handles wrongful death cases. Per Louisiana Civil Code Art. 2315.2, qualifying family members may be able to recover wrongful death damages if their loved one died from another party’s negligence. Let us review your case today to explain the types of compensation that are available in a wrongful death action and determine if you qualify.
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The Deadline to File a Lawsuit in Louisiana
In Louisiana, Civil Code Article 3492 gives a general one-year statute of limitations for personal injury and wrongful death lawsuits. If you fail to file a lawsuit within this legal deadline, you could lose your right to recover compensation for your losses. This gives us a very short time to investigate what happened, file a claim, and reach a negotiated settlement before we decide if we need to sue on behalf of a client.
In many cases, we may need to begin the lawsuit but continue negotiating with the insurance companies or law firms representing the liable parties. This protects the client’s right to sue but still gives us a chance to avoid trial and reach an agreeable settlement.
While most people only have up to one year to sue in Louisiana, there may be circumstances that alter this general deadline. You could have more time if the victim was a young child or less if the at-fault party was a municipal government, for example. Call the Morris Bart law firm today for information on the specific deadlines that apply to your case.
Morris Bart Fights for Compensation for Our Clients
At the Morris Bart law firm, we use our 40+ years of car accident representation to strengthen our clients’ cases and pursue an appropriate settlement on their behalf. We know from our experience managing these cases how to prove a brake failure was to blame and build a case based on it.
You may be able to recover damages in a brake failure case even if:
- The defective brakes on your vehicle failed
- Your mechanic failed to provide the services you paid for
- The other vehicle suffered the brake failure
- The other driver failed to perform the necessary maintenance for their vehicle
Our team of attorneys recovered fair and just compensation for more than 6,500 clients in 2019, most through out-of-court settlements. We are also trial attorneys who will not hesitate to take a case in front of a jury if necessary. We win jury trials and court awards regularly for clients injured in Louisiana car accidents.
If we represent you, a Shreveport brake failure lawyer from our firm can manage all deadlines, communications, and legal work in your case while you focus on recovering from your injuries.
Our Shreveport office is one of eight in Louisiana and 15 in the Southeast. It is located at:
Morris Bart
333 Texas St #1225
Shreveport, LA 71101
While you are welcome to visit us in our office to discuss your case, we will come to you. We are also available by phone 24/7. We want to make it easy for crash victims in Caddo Parish to reach us and learn more about their rights and options.
The Morris Bart law firm takes many car accident cases on a contingency fee basis with nothing due upfront. Instead of charging our clients a lump sum or hourly rate, our fees come as a percentage of your settlement offer or court award if you win your case. We can explain this in more detail during your initial consultation with our lawyers.
Call Morris Bart Today
A representative of the Morris Bart law firm can discuss your case with you today. We can help you understand your rights and your legal options during your free, no-obligation case review. Call our Shreveport office now to get started.
Questions?Call (318) 553-5470
to find a Morris Bart office near you.
