1. If this was a rear end accident then the other driver typically will be at fault, or the dealer will be for providing a car without proper brakes. Your question did not describe how the accident happened.

2. Your ability to have a successful claim for injuries depends in part on your selection of "limited tort (limited right to sue) or "full tort (full right to sue) on your own insurance policy. If you selected full tort you have no worries. If limited tort it may be a problem. I will need more info.

3. You need an experienced injury attorney. I've been an injury attorney for over 25 years but from your zip code I can tell I am not located in your area. However, if you want, I can find a experienced lawyer in your area for you to contact. Most lawyers will speak with you for an initial consultation for no attorney fee, & in these types of cases there is no attorney fee unless money is recovered. Please contact me if you would me to do this. In any case, best of luck!

Attorney Teitell provided a thorough explanation of your situation. I would add that the driver or the car dealer would have to document the failure of the brakes as the reason for the accident. This would not excuse the dealer from liability but may excuse the driver from liability.

1. You will need an experienced personal injury attorney with the resources to investigate your case. In other words, if your accident was truly caused by a brake failure, your attorney should possess the resources necessary to hire an expert witness to investigate the alleged brake failure. Ultimately, however, you may discover that the accident was caused by the other driver's failure to apply the brakes as opposed to a failure of the brakes themselves.

2. I am not aware of any legal requirement that used cars must undergo a 100 point inspection prior to resale. If I understand you correctly, the 100 point inspection you are referring to is probably a marketing and promotional tool. This is different from a Pennsylvania state inspection performed by a licensed inspection facility.

3. With regard to suing for "business negligence" your instinct has you on the right track. There are 2 potential legal theories in your scenario. First, the potential negligence of the driver must be considered. Second, the potential negligence of the car dealership in allowing this person to drive the car must also be considered. This is known as negligent entrustment.

Good luck!