Am I at fault for an accident if it happened because my brakes failed on my Toyota?

Additional Toyota Brake Pad Recall FAQs

• Q: What legal rights does someone have if they've been injured in a car accident with a car that has been recalled?
  A: In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the … More
• Q: What is a Toyota motor vehicle defect?
  A: A motor vehicle can be defective in one of three ways. Specifically, a motor vehicle is defective if: (1) there was a manufacturing defect – a part of the … More
• Q: What does 'duty' mean in a lawsuit for injuries?
  A: When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing … More
• Q: How do I file a safety complaint about a defective Toyota?
  A: The Office of Defects Investigation (ODI) is an office within the National Highway Traffic Safety Administration (NHTSA) respondible for conducting defect … More
• Q: What is 'strict liability'?
  A: Some persons or companies may be held “strictly liable” for certain activities or products that harm others, even if it can’t be shown they acted … More
• Q: Can I sue if I'm hurt in an accident caused by a defect in my Toyota?
  A: Yes, you can sue if your accident was caused by a defect in your Toyota. Your lawsuit would be filed under a product liability theory of law in state … More
• Q: How do you know if you have a personal injury claim?
  A: First off, in order to proceed with a personal injury claim, you must demonstrate that you have been injured. This may be a physical injury or it may be an emotional … More
• Q: What should I do if I'm hurt in an accident caused by a defective acceleration in my Toyota?
  A: If your Toyota unexpectedly accelerates and you are unable to prevent the acceleration by removing your foot from the gas pedal and putting your foot on the brake … More
• Q: Can consumers bring class actions relating to products or services?
  A: Absolutely. There have been many successful class actions brought by consumers. Signs of consumer fraud include: Misrepresentations regarding a product or a service. … More
• Q: If my Toyota is on a recall list, will I be liable if I'm in an accident?
  A: You will only be liable in an accident if you were negligent in your driving or in getting your vehicle repaired after you were informed about the recall. Generally, … More