One of the most important safety features found in trucks and cars is the brake system. As a driver in one of the busiest metropolises in the nation, we are often faced with situations where we have to slam on our brakes. Defective brakes take away the drivers ability to prevent a collision with another car, truck or with a pedestrian. This loss of ability can cause deadly accidents that could have been prevented if the brakes were working properly.
What are Defective Brakes?
The brake system in automobiles is very complex. Many parts must work properly in order for the system to be effective. Two different things can cause defective brakes. First, a problem with the design of the car can cause defective brakes. This means that an entire line of cars has bad brakes due to some problem with the design.
Examples of a design defects include:
- hydraulic lines that are susceptible to leaks
- calipers that crack
- brakes that overheat
- antilock brake system failure
- defective parking brake
Design defects could occur due to two different problems. First, manufacturers can attempt to cut corners when selecting the parts that will be used to create a brake system in a car. Also, a manufacturer could fail to have proper testing in place to ensure that the brake design is effective.
In addition, problems with the manufacturing of the car could lead to defective brakes. Improper manufacturing means that the car was poorly made. In other words, a car manufacturer or a mechanic did not properly install some part of the brake system. Due to the brakes system importance there is no excuse for manufacturers to fail to install the system correctly.
Examples of a manufacturing defect include:
- discs that were not properly installed
- hydraulic lines that were not properly installed
How can Defective Brakes Cause Car Accidents?
Defective Brakes can cause a number of different types of car accidents including:
- Brakes can fail and prevent the vehicle from coming to a complete stop. These types of accidents can range from hitting a stationary object to rear-ending another vehicle on the highway.
- Brakes that are defective can cause cars to roll over as a result of the vehicle being pulled to one side of the road.
- Brakes can cause a vehicle to come to a complete stop when the driver of the car did not intend for the car to stop.
How can I know if my Brakes are Defective?
It is normal for brakes to suffer wear and tear. This means that parts will need to be replaced over time. However, it is not normal for an owner of a car to have to replace brake pads once a month.
In other words, when determining if brakes are defective you should consider whether you are having to constantly replace some part of the brake system such as the brake pads or hydraulic line.
It is also important to keep up to date about possible recalls. If a manufacture recalls a car due to defective brakes, it is important that you listen to the recall.
What are Other Parts of Automobiles that can be Defective?
Automobiles are comprised of many different parts, and each of these parts can be susceptible to defects. Common defects include:
- defective tires
- defective seat belts
- defective steering system
How do I seek Compensation for Catastrophic Accidents that Resulted from Defective Brakes?
Who is Liable for Defective Brakes?
If you have been involved in a car accident caused by defective brakes, you may be wondering who is responsible for your injury.
If someone was injured because of a defective brake system, they can use a products liability cause of action to seek compensation for their injuries. The products liability cause of action is in place to help assure that individuals who have been injured by defective products have a way to recover their damages that were the result of a defective product.
There are many different parties that can be responsible for a defective brakes. Possible responsible parties include:
- Manufacturer (this can include the vehicle manufacturer and the manufacture that made the defective part)
- Car dealership (including the used car dealership)
- The shipper
- Anyone else that was in the line of distribution from the manufacture to the purchaser
- Car mechanic or other professional that installed the brake system
What Are the Elements of a Products Liability Cause of Action?
In order for a plaintiff to recover under a products liability cause of action, the plaintiff must prove four elements by preponderance of the evidence.
- There is a product defect
- The product defect existed at the time that the product left the manufactures hands
- The defect made the product unreasonably dangerous, and
- The defect contributed to the plaintiff’s injury.
What are the Elements of a Negligence Cause of Action?
The plaintiff must prove four elements in a negligence cause of action.
- The defendant owed the plaintiff a duty
- The defendant breached that duty.
- The plaintiff’s harm was caused by the defendant’s breach.
- The plaintiff suffered damages.
What are Common Truck Accident Injuries?
Why should I hire a Personal Injury Attorney after An accident that was caused by Brake Failure?
Accidents that involve brake failure are often very complex. The average person may not be able to figure out how to prove that defective brakes were the cause of an auto accident. An experienced personal injury attorney knows how to prove each element of a products liability cause of action to help injured plaintiffs recover for injuries suffered as a result of defective brakes. A personal injury attorney can also assist a plaintiff by retaining experts to help reconstruct the accident in order to determine how the defective brakes contributed to the accident.