The big question is going to be why did you continue to drive the car knowing of the danger - you need to consult IN PRIVATE a personal injury attorney to discuss all the facts leading up to the accident. Also, you need to report this incident to your automobile insurance carrier.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
You are. You have a duty to others on the road to keep your car in working order and safe. You failed to do so.
This is general advice and does not establish an attorney-client relationship.
Knowingly operating a machine which has a dangerous defect makes you at fault for any accident regardless of the fact that the defect existed from the time of manufacture. Indeed, the longer you kept on driving the car despite being aware of the brake problem increases the degree or percentage of culpability that you have for any accident subsequently gotten into, oever that of the manufacturer. If you were the injured party, your intentional use of the car in that condition could very well be found to be a superceding /intervening cause of the accident, relieving the manufacture of any liabilty to you. It is called the Law of Torts.
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