You’re making this seem easier than it is. Even just convincing people the brakes actually failed is a hurdle. Someone trying to defend themselves by saying t

You’re making this seem easier than it is. Even just convincing people the brakes actually failed is a hurdle. Someone trying to defend themselves by saying the brakes failed needs to show the brakes alone are the cause of the accident rather just a contributing factor. So there was no alternative like using a parking brake and the driver didn’t get into an unsafe situation. Similarly the failure must be sudden and not predictable etc.