I've been told that Texas has a law whereby when vehicular brakes fail it is considered an "act of God" and the driver or owner cannot be held for damages. Is this true?
2007-01-07 02:56:01 · 7 answers · asked by Casara C 1 in Politics & Government ➔ Law & Ethics
No, it's not true. If the brakes failed you COULD be cited for defective equipment. It is not an "act of God". It's an act of negligence.
2007-01-07 03:01:46 · answer #1 · answered by David M 7 · 2⤊ 0⤋
I don't know about that law but I do know that the owner of a vehicle that has been hit by someone else, whether it be from failed brakes or just an accident plain and simple, the driver that got hit can sue the person for damages.
2007-01-07 03:01:21 · answer #2 · answered by suzyq 3 · 0⤊ 0⤋
You are miss informed, I'm sad to say and it is ignorant to think that if you have a vehicle you are not responsible for maintenance and repairs on that vehicle.
We can act ignorantly and say "Well I didn't know that was going to happen" What if one of your relatives was suddenly struck down while riding a bicycle by a city bus without brakes. Would the city be held responsible? Hummmmm!
You are supposed to be in control of your vehicle at all times. Accidents may happen and that is why we purchase insurance to protect us in case an accident occurs. Liability insurance is cheap and will cover others if your vehicle is 10 years ol or older and like the word says "Liability" if it is your fault. You are held liable even if it is something that you can't control. When this happens it is called an accident, Right?
Act of God is something natural like a tornado, hurricane, rain, lightning, not a car loosing their brakes...
Happy New Year, TAINO...
2007-01-07 03:16:48 · answer #3 · answered by â?¥â?«â?¥JONATHANâ?¥â?«â?¥â?¦ 1 · 1⤊ 0⤋
Well, it is interesting to see the ire this question generated. The poster is the one who was hit not the one with so called failed brakes. Their insurance company has said, that in Tx, if the brakes failed, they (unless due to negligence on the part of car owner -- ie, they just had them fixed and they weren't done properly, or it is a brand new car) are not liable!
Now, this is the first time I have ever heard of this excuse and with extensive damage and injury we want to make sure to protect the injured.
2007-01-07 05:37:11 · answer #4 · answered by Cynthia C 1 · 0⤊ 0⤋
No, that would be a lack of maintenance not an act of God. It would be deemed an accident most likely, however, even if you didn't mean to cause damage, you did, and the "hurt" party should not have to pay for damages that due to poor maintenance was your fault.
2007-01-07 03:02:19 · answer #5 · answered by littlemomma 4 · 1⤊ 0⤋
Yes. Should have gotten your brakes fixed.
2007-01-07 03:58:32 · answer #6 · answered by Pache 3 · 0⤊ 0⤋
i hate 2 bust your bubble if you hit someone you or your inns. pay that simple god is not the driver in tx.
2007-01-07 03:04:15 · answer #7 · answered by Anonymous · 1⤊ 0⤋