A brake failure car accident can happen in seconds, but it can take a detailed investigation to determine who is legally accountable. When brakes fail, the driver is not automatically the sole one culpable. Who is responsible depends on why the mechanical failure happened. It might be the car owner, a repair shop, a parts manufacturer, an employer, or all of the above.
Table of Contents:
- What Is a Brake Failure Auto Accident?
- Who Can Be Liable For Brake Failure?
- When Is a Driver Liable for Brake Failure?
- Is a Repair Shop Liable?
- Can the Brake Manufacturer Be Liable?
- Commercial Vehicle Accidents – Brake Failure
- How Brake Failure Is Established?
- Evidence You Need To Save
- Brake Failure Accident Damages & Injuries?
- What To Do If Bad Brakes Lead To An Accident?
- The Difficulties of Filing Brake Failure Accident Claims
- Contact the Roxell Richards Injury Law Firm
Brake failure claims can be more challenging than regular vehicle accident claims, because the cause of the crash may not be apparent at the scene. A driver may say the brake pedal failed, but investigators need to investigate why the brakes failed and if anyone could have prevented the situation.
All responsible parties for harmed individuals should be identified. An investigation can determine if the crash was caused by negligence, poor maintenance, defective parts, improper repairs, or some other problem.
1. What Is a Brake Failure Auto Accident?
A brake failure car accident is an accident in which the vehicle’s brakes fail to function properly, making it impossible or extremely difficult to stop the vehicle. This can lead to a range of accidents, from rear-end collisions to more severe multi-vehicle crashes, depending on the circumstances and speed of the vehicle.
A brake failure accident is a car accident that occurs when the brake system on a vehicle fails to slow or stop the vehicle as it should.
Modern braking systems have many interconnected parts. These are:
-
- Brake pads
- Brake rotors
- Brake calipers
- Brake lines
- Brake fluid
- Master cylinders
- Brake boosters
- Anti-lock braking system components
- Electronic sensors
- Hydraulic components
A problem in just one part of the system could greatly reduce the ability to brake.
Loss of hydraulic pressure can result from a leak in a brake line, for example. Worn brake pads can add to your stopping distance. A faulty master cylinder may not be sending the proper amount of pressure to the brakes. In addition, equipment that is not properly maintained may result in unexpected component failures.
Brake failures are especially dangerous, as drivers sometimes only learn they have a problem when they need to stop rapidly.
As a driver comes up to stopped traffic, a junction, a pedestrian crossing, or some other hazard, they may step on the brake pedal and suddenly discover that the vehicle is not slowing down regularly. Even a moment’s delay in braking at highway speeds can result in a catastrophic accident.
But the brake failure alone is not conclusive of responsibility. Investigators have to determine what went wrong and who was responsible for avoiding it.
2. Who Can Be Liable For Brake Failure?
A brake failure car accident could have involved many different people or businesses.
The parties that may be liable will depend on the circumstances.
The driver
Drivers must operate their vehicles in a safe manner and take immediate action if they know or should reasonably know that their vehicles are mechanically unsafe.
If a driver continues to drive with obvious brake problems, that driver may be negligent.
The Vehicle Owner
Occasionally, someone other than the owner drives.
Depending on the circumstances, an owner who intentionally allows a dangerous vehicle to be driven could be liable.
A repair shop or mechanics
If the brakes were not repaired, a repair shop could be liable if negligent brake work caused or contributed to the accident. If negligent brake work caused or contributed to the accident, the repair shop could be held liable.
The Brake Parts Manufacturer
If a brake part is defective and fails regardless of whether it was properly used and maintained, there may be a product responsibility claim against a manufacturer or another party in the distribution chain of the product.
Texas law permits product liability actions for personal injury, death, or property damage purportedly caused by defective products.
A business vehicle company
Maintenance duties may apply to businesses that operate trucks, delivery vehicles, buses, vans, and other commercial vehicles. Liability issues may arise regarding whether the driver should have recognized the vehicle’s poor maintenance or if inadequate inspections contributed to the braking failure.
Contractor (Maintenance)
Some companies contract fleet maintenance. That outside maintenance provider might also be implicated in the probe if it did not properly examine, fix, or replace risky braking components.
Occasionally there may be multiple defendants responsible.
3. When Is a Driver Liable for Brake Failure?
The key question in a car accident caused by brake failure is if the driver should have recognized the vehicle was hazardous.
Occasionally the mechanical stuff just breaks. Other faults are slow to develop and present symptoms long before an accident occurs.
Symptoms of braking difficulties can include:
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- Screaming or screeching noises
- Soft or squishy brake pedal
- A brake pedal that stretches way down to the floor
- Vehicle Pulls Braking
- Longer stopping distance
- Brake light on dashboard
- Leaks of brake fluid
- Vibration when braking
- The smell of wheels burning
- Need to add brake fluid repeatedly
Any rational driver would not neglect the serious indicators of the braking system malfunction.
Picture a driver who has been hearing grinding noises for weeks and seeing that the car is taking much longer to stop. The motorist continues to drive the car without requesting an examination. If badly worn brakes do ultimately fail and cause a collision, those factors could support a claim that the driver did not exercise reasonable care.
A similar problem may arise when drivers ignore clear warnings from mechanics and continue to drive their cars. by mechanics.
The important question is this:
Did the driver know, or should the driver reasonably have realized, the brakes were dangerous?
That question often needs review of the maintenance history, previous repair suggestions, warning lights, witness accounts, and the condition of the braking system itself.
4. Is a Repair Shop Liable?
Yes, a mechanic or repair shop can be sued for negligent repairs that cause brake failure.
Motorists depend on automotive specialists to properly inspect, diagnose, repair and replace safety-critical items.
Examples of negligent brake work can include:
-
- Installing parts incorrectly
- Failing to tighten components properly
- Using unsuitable replacement components
- Failing to identify a dangerous brake-fluid leak
- Incorrectly installing brake pads
- Damaging brake lines during repairs
- Failing to bleed the braking system correctly
- Recommending that a customer continue driving an unsafe vehicle
- Claiming repairs were completed when they were not
- Failing to inspect components that were part of the requested service
Picture a driver who takes his car to the mechanic because the brake pedal feels too spongy.
The shop does the work and tells the customer the car is safe. A few days later, the brakes fail due to an inappropriate repair to the hydraulic system by a professional.
When such occurs, investigators may consider whether negligent service contributed to the crash.
Important evidence can include:
-
- Invoices for repair
- Job Orders
- Technician Comments
- Inspection Report
- Records of spare parts
- Statement of employee
- Security video
- The store and customer communicate.
- The braking parts that have been damaged are crucial for understanding the incident.
This is one reason why victims should not allow a vehicle involved to be repaired, dismantled, or destroyed until proper evidence can be preserved.
5. Can the Brake Manufacturer Be Liable?
Occasionally the brake system was adequately maintained and properly installed, yet a component was itself problematic.
A product liability action could be brought against the manufacturer if a defective product is involved in an accident.
Possible brake failures include:
-
- Brake hoses damaged
- Wrong master cylinders
- Faulty calipers
- Brake Pad Manufacturing Defects
- Failures of electronic brakes
- Faulty sensors
- Faulty hydraulic components
- Anti-lock braking system problems
Product liability actions are fundamentally different from typical driver-negligence actions.
Rather than just asking if a driver drove carelessly, attorneys and specialists may be called upon to analyze the design, manufacture, warnings, testing, and performance of the component involved.
A products liability suit is generally defined under Texas law as an action for damages against the manufacturer or seller for injury to the plaintiff or his property or death, purportedly caused by a defective product. Recalls of vehicles can also be key evidence.
If the vehicle or braking component was subject to a safety recall, investigators may review whether the owner was notified, whether the required repair was made, and the timing of the recall.
6. Commercial Vehicle Accidents – Brake Failure
Brake failure can be particularly dangerous for commercial trucks.
Large commercial vehicles weigh far more than passenger cars and take much longer to stop. The resulting crash can include many cars and significant injuries if a truck’s braking system fails.
Possible Defendants May Include:
-
- The driver of the truck
- The trucking company
- The owner of the car
- Fleet servicing firm
- A contractor, independent maintenance
- A maker of brakes
- A parts supplier
- Another responsible business
Commercial vehicle cases can also entail records not usually available in conventional passenger car incidents.
These can include:
-
- Inspection Report
- Maintenance records
- Maintenance histories
- Driver complaints
- Fleet management records
- Information about Electronic Vehicles
- Company safety practices
- Previous complaints about maintenance
Evidence relating to applicable safety standards may also be relevant. Under Texas law, evidence regarding a failure to comply with applicable norms or standards may be relevant in some commercial motor vehicle cases where statutory conditions are satisfied.
Multiple companies involved may complicate liability. Each company can say it wasn’t their job to check or fix the brakes.
So a careful study is important.
7. How Brake Failure Is Established?
When a driver says, “My brakes failed,” that doesn’t always show what happened.
Most of the time the brakes need to be checked out. Evidence in an brake failure car accident involving brake failure may be found in a number of sources.
Motor Vehicle Inspection
A good specialist can check the vehicle for:
-
- Bleed brake fluid.
- The brake pads are finished.
- Rotor
- Failure Hydraulic breakdown
- Broken brake lines
- Poor brakes
- Faulty components (mis-installed)
- Problems with the electronic braking system
- Signs of bad maintenance
The physical state of these elements can help determine whether the problem was gradual or sudden.
Maintenance Logs
Maintenance paperwork might show whether the owner kept up with routine maintenance on the car or neglected brake issues over and over again.
Records can also show when parts were replaced and whose business did the service.
Repair-Shop Records
If brake work was performed just before the collision, investigators may get the mechanic’s documentation and compare the claimed fixes with the vehicle’s physical condition.
Reporting Crashes
Police crash reports can be a useful source of information on the site, witnesses, cars, and the circumstances of the collision.
TxDOT keeps crash records submitted by law enforcement agencies in Texas for reportable crashes.
Witness Statements
Witnesses may have seen vital things before the crash.
For example, someone might say they saw:
-
- Brake lights prior to impact
- A vehicle speeding
- Trying to slow down the truck unsuccessfully
- Smoke about a wheel
- A driver turning to escape traffic
Video Proof
The crash could be captured on dashcams, surveillance cameras, traffic cameras, and surrounding businesses.
The video occasionally can tell if the driver was braking or trying to avoid the crash.
Vehicle Data, Electronic
Modern vehicles can hold electronic information that could assist investigators in piecing together the moments before the incident.
The data may include information relating to speed, braking action, acceleration or other vehicle behavior, depending on the vehicle and situation.
8. Evidence You Need To Save
After an accident involving a suspected brake failure, one of the most essential pieces of evidence is the vehicle itself.
The vehicle may be repaired or disassembled and/or crushed or sold for salvage and such actions may destroy vital evidence. In addition important evidence can disappear very quickly. forever.
For example, an expert might have to check:
-
- Brake pads.
- Rotors
- Brake Line
- Brake fluid.
- Calipers
- Master Cylinder
- Electronic modules
- Tires & Wheels
- Suspension components included
If a defective item caused the breakdown, that part may be the most important piece of evidence in a lawsuit.
Therefore, an attorney may send out preservation notices requesting that the car and all pertinent components stay untouched pending investigation.
This can be particularly relevant in commercial truck situations, as commercial trucks that have been damaged can often be fixed with a short turnaround and put back in operation.
9. Brake Failure Accident Damages & Injuries?
A brake failure car accident that is catastrophic in an automobile crash can have serious financial, physical and emotional consequences.
Subject to the facts of the case, the injured party may be able to claim for the following losses:
The Cost of Medical Care
These might be:
-
- Ambulance
- Admitted to hospital
- Surgical
- Intervention
- Doctor visits medical
- Physical therapy
- Diagnosis
- Physical Therapy
- Rehabilitation
- Healthcare in the future
Lost Wages
An injury can prevent someone from returning to work, either temporarily or permanently.
Lost income includes wages, salary, bonuses or other compensation from employment.
Loss of Future Earning Capacity
Catastrophic injuries can keep someone from doing the same job or working the same number of hours.
Suffering and Pain
Serious injuries can cause long-term physical pain and serious restrictions on daily life.
Physical handicaps
Some patients lose mobility, independence, or the capacity to enjoy activities they once did.
Property Damages
Accident claims may include costs for vehicle repair or replacement.
Wrongful Death Damages
If the brakes fail, the family members who survive the fatal collision might have legal options depending on the law and the facts of the case.
Each accident case is different, and the worth of every single case will depend on its facts. There is no such thing as an average amount for brake failure claims.
10. What To Do If Bad Brakes Lead To An Accident?
Your health is your priority. Seek proper medical evaluation after the accident and seek emergency medical help when appropriate.
TxDOT recommends that if you are involved in a crash in Texas with no injuries, you should transfer vehicles to a safe location when possible, exchange identifying and insurance information, note the location, and obtain the names and contact information for witnesses. Police should be summoned in cases of crashes causing injuries or fatalities.
If brake failure may have been a factor, further actions can help preserve critical evidence.
Shoot the Cars
Photograph damage to the vehicle and, when safe, the scene of the collision.
Collecting Witness Information
When the opposing motorist says the brakes suddenly failed, witness evidence can be very relevant.
Get the Crash Report
The report of the responding officer can provide crucial information for an investigation.
Vehicle Protection
So don’t destroy a possibly critical car or braking part before it can be adequately inspected.
Save Maintenance History
Hold:
-
- Receipts for repairs
- Maintenance invoices:
- Examination Papers
- Tire & Brake Replacement Logs
- Messages that contain mechanics
- Suggestions for vehicle maintenance
Don’t Play the Blame Game
The exact cause of brake failure may require technical study.
Don’t speculate on what happened when you’re speaking to the insurance company or posting on social media about the accident.
Talk to an Attorney Now
A claim involving a brake failure can include technical proof and several potential defendants. An experienced personal injury attorney can analyze the mechanical failure and establish what parties may be at fault.
11. The Difficulties of Filing Brake Failure Accident Claims
Most vehicle accident instances include the behavior of the driver.
“Someone ran a red light?”
“Did the driver speed?”
Was someone following too close?
Investigating brake failure adds an additional level of difficulty, since the investigator must understand not only how the vehicles collided but also why the braking system failed.
That inquiry could include mechanics, engineers, accident reconstruction specialists, car manufacturers, repair facilities, insurance firms, and attorneys.
Different parties may also blame one another. A motorist could sue the garage for poor workmanship. The repair business might say the driver didn’t do the recommended maintenance.
The maker of the component can say the part failed because it was not put appropriately. The trucking company could argue that maintenance was performed by an outside contractor. You need proof to pin down the genuine reason, not presumptions.
This is why the way you preserve evidence and investigate early can significantly impact a claim for a vehicle accident caused by brake failure.
Were you injured in a brake failure car accident?
Contact the Roxell Richards Injury Law Firm.
If your brakes fail and cause a major crash, you deserve to know why they failed and who is accountable.
Roxell Richards Injury Law Firm assists wounded accident victims in comprehending their legal choices and holding those who may have been negligent responsible for their injuries.
A brake failure collision could include more than just the driver that hit you. The negligent parties may be a vehicle owner, repair shop, commercial transportation business, maintenance contractor, manufacturer, or many defendants.
Furthermore, important evidence can Additionally, important evidence can quickly disappear. fast. Possible outcomes are vehicles self-repairing, shedding damaged components, erasing electronic information and making witnesses more difficult to locate. Damaged parts may be discarded, electronic information can be erased, and witnesses can be more difficult to find.
Don’t allow an insurance company to determine the worth of your claim until they have thoroughly researched the reason the accident.
If you or a loved one has been injured in a car accident caused by brake failure, call the Roxell Richards Injury Law Firm today.Our legal experts can assess the circumstances of the collision, investigate any technical issues, ascertain fault, preserve vital evidence, and fight for the compensation you deserve.
Contact Roxell Richards Injury Law Firm right now for a FREE consultation.
Roxell Richards Injury Law Firm
6420 Richmond Ave. Ste. #135
Houston, TX z7057
Phone: (713) 974-0388
Fax: (713) 974-0003
Frequently Asked Questions
1. What if the brakes break and cause an accident?
If the driver failed to heed obvious warning signs or did not properly maintain the vehicle, they may be held liable. A mechanic could be held liable for negligent repairs. If the failure was caused by a faulty part, the manufacturer may be liable. In circumstances involving commercial vehicles, an employer, fleet owner, or maintenance contractor may potentially be implicated.
There may be many people to blame and often a full inquiry is needed.
2. If the driver’s brakes fail, is he always to blame?
None. Just because the brakes failed doesn’t prove that the driver was negligent.
If a well-maintained brake system unexpectedly malfunctions due to a hidden defect in the manufacturing process, the driver may have had no reasonable opportunity to identify it but a driver who knew the brakes were hazardous and continued to drive could be liable.
The driver’s knowledge, maintenance history, warning indications, and conduct leading to the crash are all critical.
3. How do you prove the brakes failed following an accident?
To establish brake failure, you might need a mechanical inspection, accident reconstruction, maintenance records, repair records, witness evidence, photographs, video footage, electronic vehicle data, and an examination of the damaged parts.
The car itself can be a very essential piece of evidence. Sometimes an expert can tell if a brake part was worn out, malfunctioning, put incorrectly, or destroyed in the incident.
4. Can I sue the mechanic if my accident was caused by faulty brake work?
Perhaps. If the work of a repair shop or mechanic is negligent in causing or contributing to the brake failure, it could be a liable party.
For instance, liability may attach where a mechanic improperly installs a brake part, fails to repair a known defect or misleads a customer into believing that a severely defective braking system is safe.
Documentation of repairs and expert inspections may be crucial to figuring out what happened.
5. What if the crash was caused by faulty brakes on a commercial vehicle?
Truck braking failures may involve multiple potentially culpable parties.
Depending on the circumstances, claims could involve the truck driver, the trucking company, the truck owner, the fleet maintenance provider, the repair contractor, the component manufacturer, or other organizations.
Inspection and maintenance records may be relevant in cases involving commercial vehicles. in commercial vehicle instances.
Because critical evidence might change or disappear fast, investigating a significant commercial vehicle accident as soon as feasible can be crucial.