Sometimes, the brakes stop working on a car, leaving the driver in a terrible situation. This can have devastating consequences like a serious car accident. Can you be held liable if brake failure caused your car accident?
What Constitutes Brake Failure?
Brake failure occurs when the braking system of a vehicle malfunctions, preventing the driver from slowing down or stopping the vehicle effectively. Often, this is due to poor maintenance, but that is not always the case. Common causes of brake failure accidents include:
- Owner neglect: This is the most common reason for brake failure. These car parts do not last forever and should be regularly inspected for wear. Overloading a vehicle might also be seen as neglect since cars should only carry a certain amount of weight.
- Overheated brake pads and damaged rotor disks: Excessive wear can cause brake pads to overheat, making them brittle and less able to grip the rotor disk. Damaged rotor disks can also affect brake pads; both of these issues increase stopping distance.
- Leaking fluids: Oil and other hydraulic fluids can leak from brake lines and car engines. This can decrease stopping ability because it lowers brake fluid pressure.
- Driving through water: Doing this overly lubricates pads and disks and can damage them.
- Defective parts: Car and parts manufacturers might produce defective brakes or brake components that cause accidents.
- Mechanics: A mechanic might improperly install, repair, or maintain brakes; they might not recommend replacement when needed.
Could Negligence Play a Role?
Negligence can be a reason for brake failure accidents. Vehicle owners are obligated to properly maintain their cars, including regular braking system inspections and repairs. Failure to fulfill that duty of care could result in liability if brake failure is determined to cause an accident.
If your brakes were recently serviced or replaced and failed, that might be a determining factor for liability. Manufacturers or mechanics could be held responsible if it can be proven that the failure was due to a defect in the braking system, improper maintenance, or poor installation. As you can imagine, these cases can be harder to prove.
How Can I Prove Liability?
Proving liability in cases of brake failure can be challenging, but it is not impossible. An experienced personal injury lawyer can gather evidence, such as maintenance records, eyewitness testimonies, expert opinions, and an analysis of the vehicle’s condition after the accident.
Other forms of evidence include the police report and information gathered from the scene, like skid marks and traffic camera data. If you were involved in this kind of accident, quickly getting information from the scene is vital before too much time passes.
Contact a Towson Personal Injury Lawyer at Huesman, Jones & Miles, LLC for Trusted Legal Guidance Following a Brake Failure Accident
While brake failure can lead to car accidents, determining liability requires a thorough investigation and understanding of relevant laws. Our skilled Towson personal injury lawyers at Huesman, Jones & Miles, LLC have experience in this area and offer free consultations. Call 443-589-0150 or complete our online form to learn more. Located in Hunt Valley and Towson, Maryland, we serve clients in Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, and Howard County.
