If someone else rear-ends your car, odds are that it is their fault. They needed to stop and they failed to do so. Even if you had to stop abruptly, that’s still on them.
But what if they get out of their car and they say that the brakes malfunctioned? They claim they were trying to hit the brakes, but they just didn’t work, and that led to the accident. They claim it isn’t their fault because there was nothing they could do. What happens here?
Determining why the brakes malfunctioned
The big question to ask is why the malfunction occurred in the first place. If it was because there was some sort of inherent defect in the car, perhaps one that the manufacturer tried to cover up or was negligent and did not address with a recall, then that manufacturer may be at fault. If they designed a faulty vehicle or if the driver was sold an obvious lemon, then the driver may have a point that there was nothing they could do.
On the other hand, maybe the brakes failed because the driver didn’t maintain their car properly. If they were neglectful of their vehicle and then it broke down while they were driving, that is still their fault. They have an obligation to make sure that their car is safe for use on the road and failing to do that still puts them at fault, even if they blame the vehicle itself.
What is very clear is that a rear-end accident is almost never your fault. So just make sure that you know about all of your legal options to seek compensation for your injuries.