Can I Be Held Liable for a Car Accident Due to Brake Failure?

August 22, 2023

Brake failure does not happen frequently, but losing control can be frightening and dangerous when it does. Your liability will likely be questioned if it leads to a car accident. Sometimes, third parties are responsible for what happened.

Auto and parts manufacturers can be liable for brake failure accidents if a defect is found. However, owner neglect is a main cause of brake failure because these important car parts must be inspected and replaced occasionally. Driving through deep water or mud can also cause problems, so continuously tap the brakes gently after going through either, to remove the moisture. Also, avoid overloading your car because that can prevent it from stopping fast enough when needed.

What Happens When Brakes Fail?

Before brakes fail, vehicles may have warning signs to alert drivers about what could happen. When the brake pedal is pressed, red lights and strange sounds may go on. Other signs include:

A burning smell.
A “spongy” feel when the brake is applied.
Having to apply more brake pressure than usual to slow down and stop.
The vehicle veers to one side when the brake is applied.
A puddle of brake fluid on the garage floor or driveway.

Avoiding a collision with another object or vehicle can be difficult when brakes fail. The most common kind is a rear-end collision when the car cannot stop quickly. If the vehicle runs through a red light, it could hit a car in the opposite direction, resulting in a T-bone crash. Brake failures can also cause sideswipe accidents; the vehicles can also hit bicyclists and pedestrians.

What Should I Do When My Liability Is Questioned?

It is challenging for drivers to prove that they were not negligent in brake failure accidents, but an experienced car accident lawyer can help. Drivers are expected to know when their brakes need to be checked or replaced, and service records may show that you did so as required.

It might be possible to show that the mechanic did unsatisfactory work, which could make the repair shop liable for what happened. In other cases, car accident lawyers research manufacturer recalls and develop the evidence needed to support a claim.

Our Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Represent Clients Who Were Involved in Brake Failure Car Accident Cases

Contact our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. after a brake failure accident. We can fight to protect your rights. Call us at 302-656-5445 or complete our online form to schedule a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients in Dover, New Castle County, and Sussex County.