Another driver, going too fast, hit my car, and the police report says his brakes failed. Besides the driver being careless, who else might have to pay?
If you can prove that the brakes on the other car failed and the failure contributed to your injuries, you may be entitled to other compensation.
Under product liability law, if there was a defect in the brakes, you can sue the manufacturer as well as the dealer who sold the car. The defect may be in the manufacture (that is, the car was a lemon or poorly made) or in the design (that entire line of cars has the defect). Your attorney must prove that the defect was unreasonably dangerous, that it caused the injury, and that the vehicle had not been substantially changed since it was first sold.
If the car was serviced shortly before the accident, the repair shop may bear liability if you can show it failed to properly service the brakes.
If the driver of the other vehicle was working at the time of the accident, then his or her employer may also bear some responsibility for your injuries.
Such cases can be technical and complex. Consult an experienced product liability attorney for a thorough evaluation of your case.
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