Car Accidents Caused By Brake Failure

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

If you are involved in a car accident where defective brakes may have been at fault, and if you can prove that the brakes on the other car failed and the brake failure contributed to your injuries, product liability law may entitle you to compensation from an entity other than the driver.

Under product liability law, if the brakes that caused the accident were defective, you may be able to sue the manufacturer as well as the dealer who sold the car. This is true whether the defect was in the manufacturing (i.e. if the car was poorly made) or the design (i.e. the entire line of cars contains the same defective brakes). In order to successfully hold the manufacturer responsible, your attorney must prove that the defect was unreasonably dangerous, that it caused the injury, and that the vehicle had not been substantially changed since it was first sold.

It’s also possible that the brake failure could be used as evidence of the other driver’s negligence. This may be the case if he or she knowingly drove the car in a dangerous condition. For example, if the brake failure occurred due to an issue that could have been resolved before the car was taken on the road, this can be an example of driver negligence and would make the driver liable for damages and subject to a lawsuit.

In some other cases, it’s possible that a mechanic who worked on the car left the brakes in a faulty condition and could be liable. If you’re attempting to hold a driver or mechanic liable for the brake failure, your case can be difficult to prove legally. This is especially true because neither party (the driver nor the mechanic) will necessarily be willing to document their own fault. However, it’s possible that the driver may claim liability on the part of his or her mechanic, car dealership, or another third party; likewise, those third parties may claim liability on the part of the driver.

Any situation involving damaged brakes is going to be complex, and you should be prepared to work with an auto accidents attorney experienced in product liability law. In an ideal situation, a settlement will be reached with any parties associated with the brakes, or their insurance companies, before a trial will be necessary. In any event, you will want to have a lawyer on your side.

Case Studies: Car Accidents Caused by Brake Failure

Case Study 1: The Defective Manufacturing

A driver named Sarah was involved in a car accident due to brake failure. Her attorney was able to prove that the brakes on the other car were defective and unreasonably dangerous. The attorney successfully sued both the manufacturer and the dealer who sold the car for compensation. This case highlights the importance of holding manufacturers accountable for their faulty products.

Case Study 2: Negligent Driver

John, a driver involved in a car accident, faced a lawsuit when it was discovered that the brake failure in his car could have been resolved before the accident occurred. The evidence indicated that John knowingly drove the car in a dangerous condition. As a result, he was found liable for damages and was subject to a lawsuit. This case demonstrates how brake failure can be used as evidence of a driver’s negligence.

Case Study 3: Faulty Repairs

Emily’s brakes failed while driving, leading to an accident. It was later revealed that a mechanic who previously worked on her car had left the brakes in a faulty condition.

Emily pursued legal action against the mechanic, claiming liability for the brake failure. Proving the mechanic’s negligence was challenging, but Emily’s attorney was able to build a strong case. This case emphasizes the complexity involved when a mechanic’s negligence is suspected.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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