What to do When Brakes Fail & Cause an Accident

The good news is that brake failure is rarely the cause of a car accident. Typically, most vehicles have redundancy and two braking systems to ensure safety, if one fails. However, when brake failure occurs, it is often related to larger vehicles like semi-trucks or larger trucks. If you were involved in a car accident where your brakes failed, it likely was a terrifying event.
Understanding your options after a brake failure and car accident can help you determine your next steps.

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• Brake Failure Statistics - The National Highway Traffic Safety Administration's (NHTSA) National Motor Vehicle Crash Causation Survey states that only 2% of all car accidents are caused by brake failure. While the brakes on modern vehicles rarely fail, it is absolutely possible.

Many drivers attempt to blame brake failure instead of their own negligence when they rear-end a car in front of them. People simply do not like admitting that they made a mistake, even if their insurance will cover all damages related to the accident. Often, drivers are afraid that their insurance premiums will rise after a car accident that is determined to be their fault. However, in most cases, these accidents are simply due to driver negligence and not a manufacturing defect of the braking system on the vehicle.

• What to Do When Your Brakes Fail - If you were unable to avoid an accident due to brake failure, you will likely not be held responsible for the car accident. In most cases where brakes fail, the car may rear-end a vehicle ahead, often at a high rate of speed. However, if you have taken all reasonable measures and necessary steps to ensure that your brakes are working properly, and they unexpectedly fail, the fault is with the brakes, not your negligence. The following are some steps you can take to ensure that your brakes either do not fail or, if they do fail, that you can prove that you were not negligent in your driving.
• Stay at the Scene of the Accident - One tell-tale sign that someone is not telling the truth regarding their brakes failing is if they leave the scene of an accident. Not only does this indicate that your brakes were likely functioning enough to leave, but it also exposes you to criminal liability for leaving the scene of an accident. In the State of California, it is a felony for a driver to flee the scene of an accident in a hit and run.
• Maintain Your Vehicle - If you maintain your vehicle and follow the advice of your mechanic regarding when to replace parts and components of your car, you should be able to show to an insurance company, or a court of law, that you acted with due diligence in maintaining your car. If your mechanic suggested that you replace your brake pads and you refuse to do so, or if you have failed to replace your brake pads according to the mileage recommendations in your vehicle’s owner manual, you may be negligent for failing to properly maintain your vehicle.
• Obtain Witness Testimony - Oftentimes, witness testimony can be crucial to the determination of fault in a car accident. If a witness states that you never mentioned anything about your brakes failing after the accident, this could be used against you. This fact would be something that was mentioned immediately after a car accident, as it would be a scary experience for a driver. If you never mention that your brakes failed, stating that at a later date may appear to be an attempt to escape liability for the accident. However, if a witness heard you mention immediately after an accident that your brakes failed and you were unable to stop, this could be helpful to your case regarding liability.
• Manufacturer Liability - If your car brakes failed and it resulted in an accident, all injured parties may be able to file a defective manufacturing accident claim against the vehicle manufacturer or the manufacturer of the brake part or component that failed. These cases are based on product liability law. Manufacturers are held to strict liability standards regarding the products that they place in the stream of commerce. If it is determined that their product was defective in any way, they could be held responsible and liable for any injuries or damage that occurred as a result of the defect.

Typically, in order to prove that a manufacturer is responsible, your attorney will have to prove that the defect was unreasonably dangerous, that it was directly responsible for the injury or damage, and that the manufactured part or component was not substantially altered since it was first sold or installed on the vehicle.

• Mechanic Liability - There are some cases where the mechanic that installed a brake part or component did so incorrectly or in a negligent way. In these circumstances, you may find it more difficult to prove liability, as the mechanic will likely not be willing to admit fault. However, if it can be proven that there is no manufacturing defect, but rather the installation of the brake part or component was done negligently, or that the mechanic left brakes on a car in a faulty condition, it may be possible to hold the mechanic, the car dealership, or other third party responsible for the injuries or damage that resulted from the negligence.

If you or a family member was injured due to defective brakes, or a flaw in manufacturing or design, you may be eligible to file a claim against the manufacturer. These types of matters are very difficult to prove, and can be very time consuming and expensive to litigate, so finding a lawyer to assist you is the best possible course of action.

*This blog was published by Silverthorne Attorneys located in Ladera Ranch, CA.