Brake failure can be one of the most frightening causes of a car accident. When brakes fail, drivers may have little time to react. Who might be held responsible if you’re involved in a brake failure accident?
Why do brakes fail?
Brake systems are complex and involve multiple components, all of which need to be operating properly to stop a vehicle. Common causes of brake failure include:
- Neglected maintenance: Failing to replace worn brake pads, fix leaking brake fluid or address other maintenance issues can lead to brake failure.
- Manufacturer defects: Faulty brake systems or components can fail despite proper use and maintenance.
- Improper repairs: In some cases, mistakes made by mechanics or repair shops during brake service can lead to accidents.
- Overuse or overheating: Prolonged heavy braking, such as during steep descents, can cause brakes to overheat and fail.
Who’s liable for a brake failure accident?
Liability for accidents caused by brake failure can be attributed to several parties, depending on the circumstances of the incident:
- The driver: Drivers are responsible for maintaining their vehicles in safe working condition. If a driver neglects routine maintenance, such as replacing brake pads or checking fluid levels, they may be held liable.
- Mechanics or repair shops: If a repair shop fails to properly service or inspect a vehicle’s brake system, they may share responsibility for a resulting accident. For example, if a mechanic installs the wrong parts or overlooks a clear defect, they could be negligent.
- Vehicle or part manufacturers: When brake failure results from a defect in the vehicle or its components, the manufacturer may be held accountable under product liability laws. Examples include defective brake pads, faulty anti-lock braking systems (ABS) or design flaws in the brake system.
- Fleet or trucking companies: Commercial fleet operators are required to maintain their vehicles. If a company fails to inspect and service brakes regularly, it may be liable for accidents involving brake failure in one of its vehicles.
Proving liability in a brake failure accident requires strong evidence. Some key pieces of evidence include maintenance records and inspection reports, which can demonstrate whether and when the brakes were properly maintained. If the vehicle, brake system or components were subject to manufacturer’s recalls, that can also help prove fault.
If you’ve been injured in an accident caused by brake failure, you shouldn’t have to shoulder the financial and emotional burden alone. Contact the Law Offices of Tim Misny today to discuss your case and explore your legal options.
Consult a Columbus accident attorney today
The Law Offices of Tim Misny can help you with your accident claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
