In New Mexico, legal and financial responsibility for a car accident caused by brake failure may fall on the driver or owner of the vehicle for poor maintenance, the repair shop for faulty work, or the manufacturer for brake defects. Under New Mexico’s comparative negligence rules, fault can be shared among multiple parties.
Driver or Vehicle Owner
Since New Mexico is a fault state, the person or party at fault for causing a motor vehicle collision is held liable for paying for related losses. If an investigation discovers that brake failure caused or contributed to a crash, one possible defendant is the driver or owner of the car.
Motor vehicle owners have a responsibility to ensure the safety and roadworthiness of their cars and trucks. This is true of private owners as well as companies that own fleets of vehicles, such as commercial trucking organizations, taxi companies, delivery services and employers with work vehicles.
Neglectful vehicle maintenance could lead to a car that is unfit to drive due to an increased risk of brake problems and other equipment failures. The individual or entity responsible for vehicle repairs, inspections and upkeep can be held liable for the wreck in this case with proof of negligent maintenance.
Brake or Parts Manufacturer
Brake failure can be the result of a defect or issue with the product, such as a design, manufacturing or marketing defect. If any part of a vehicle’s brake system is defective, this can compromise the integrity of the brakes and result in dangerous brake failure while driving.
Auto part manufacturers have a responsibility to ensure the reasonable safety of their products before allowing them to be distributed to the public. If a manufacturer falls short of this duty, such as with insufficient product testing or broken safety standards, this is negligence that can make the manufacturing company liable for a related car accident.
However, it is not necessary to prove negligence in most product liability claims in New Mexico. These cases typically use the rule of strict liability, which makes a manufacturer or distributor automatically liable for losses caused by a defective product. This law is in place to protect consumers.
A Repair Shop
Another possible defendant is a repair shop. If there is evidence that a shop or mechanic improperly installed the brakes or conducted low-quality or ineffectual repairs, resulting in brake failure, the shop can bear responsibility. If the car was recently inspected by a mechanic who failed to notice signs of brake wear and tear, this could also point to repair shop liability for an accident.
How Can a Brake Failure Attorney in New Mexico Help You?
One or multiple parties may be at fault for your recent brake failure car accident in New Mexico. If more than one defendant is at fault, each may be required by law to pay an amount equivalent to their own degree of negligence. After a brake failure crash, you may need help from an experienced car accident lawyer in Albuquerque to hold the correct defendant(s) liable.
A lawyer can investigate the crash to gather key evidence to support your claim, as well as hire crash and auto part experts to testify, as needed. Your attorney will explain the liability laws and principles that apply to your case, and handle negotiations with insurance providers to fight for maximum compensation on your behalf.