Cindy Ran Over Hank in Her Company Parking Lot Breaking

Cindy ran over Hank in her company parking lot breaking his leg. That happened because, without warning, Cindy's brakes failed. Hank was out of work as a bookkeeper for one week, but otherwise recovered without incident. Hank sued Cindy for one million dollars for his injuries. Cindy decides to do nothing in response to the lawsuit because she sees no way that she can win. Is she right? Why or why not? What would you suggest that she do in the civil litigation? Why is it important that Cindy proceed immediately at this point in the litigation?