While you may have seen plenty of car crashes during your time on the road, there is some assumption that one driver causes all collisions. This is true in countless cases involving driver negligence — drinking and driving, distracted driving, speeding, etc. — but there are other ways that auto collisions can occur.
At times, these types of crashes have nothing to do with either the drivers or the way they were operating their vehicles. Instead, it has everything to do with manufacturers of auto parts and their quality control failures.
Many auto collisions are caused by defective products such as brakes. When the brakes are not designed or made correctly and don’t work as they should, it can cause difficulty stopping the vehicle suddenly, increasing the risk of a crash. What causes this, though, and how are products released on the market when they are defective?
What are Defective Brakes?
Brakes are an essential part of any vehicle, and when they are defective, they can cause a serious accident. There are two main types of brakes, disc and drum brakes. In both systems, the pressure from the brake lines pushes the disc or drum against the wheel to slow it down by friction.
Many different types of brake defects can cause an accident. Some common examples of a defective braking system include:
- A failure of the brakes to engage
- A failure of the brakes to release
- A brake pedal that goes to the floor
- Brake pads that are worn out
- Brake fluid leaks
- Corroded brake lines
If you have been in an accident caused by a brake failure, it is important to contact an experienced personal injury attorney who can help you investigate the cause of the accident and determine whether you may be entitled to compensation.
How Defective Brakes Can Cause Car Accidents
When brake failure occurs, the brakes may crack or are not thick enough to create the necessary friction to stop the vehicle. If traveling downhill or coming upon sudden traffic, defective brakes can cause a serious collision, resulting in serious property damage and long-term or potentially fatal injury. There are many ways in which brakes failing can cause car accidents. Some of the most common include:
- If the brakes fail to engage, the vehicle will not be able to stop properly, which can lead to a collision.
- If the brakes fail to release, the vehicle will continue to slow down even after the driver takes their foot off the pedal, leading to a collision.
- If the brake pedal goes to the floor, it can be very difficult for the driver to stop the vehicle, leading to a collision.
- Worn-out brake shoes or pads can cause the brakes to become less effective, leading to an accident.
- Brake fluid leaks can cause the brakes to fail, which can also lead to an accident.
- Corroded brake lines can cause the brakes to fail, and this can also lead to an accident.
These kinds of crashes occur far too often. Understanding what legal recourse you have is important to make sure you can hold the liable party accountable and seek compensation for the damages you have sustained.
How Do I Know If My Brakes Are Defective?
It is normal for brakes to suffer wear and tear and need replacement over time. However, if you are replacing your brakes frequently, this may cause concern. Common signs your brakes need to be checked include:
- The brake light comes on
- You hear grinding, squeaking, or screeching sounds
- Brakes that feel soft are a sign your brake pads are wearing down
If you are involved in an accident, the first step is to contact an experienced personal injury attorney. Your attorney will be able to investigate the cause of the accident and determine whether your brakes were defective. In some cases, it may be necessary to have the brakes inspected by a qualified mechanic.
Who is Liable for Defective Brakes?
If your brakes fail, a few different parties might be liable for your injuries. These parties include the manufacturer of the brake system, the car dealership, and the car mechanic or other professional who installed the brakes.
The Manufacturer
A manufacturing defect occurs during the production of the item, meaning that something was done incorrectly or the product is missing an essential component. You may be able to sue the manufacturer of the brake system if:
- The brakes were defective when they were installed on the vehicle
- The brakes were not properly inspected before they were installed on the vehicle
- The brakes were not properly maintained after they were installed on the vehicle
The Car Dealership
You may be able to sue the car dealership if:
- The brakes were defective when the vehicle was sold to you
- The dealer knew or should have known that the brakes were defective
- You told the dealer about the problem with the brakes, and they did not fix it
Car Mechanics and Other Professionals
You may be able to sue the car mechanic or other professional that installed the brake system if:
- They were negligent in installing the brakes during a car repair
- They did not properly inspect the brakes before they were installed
- They did not properly maintain the brakes after they were installed
It is important to note that not all accidents caused by defective brakes will result in liability. To prove liability, it must be shown that the manufacturer or mechanic was aware of the defect and failed to take action to fix it.
Product Liability Claims
As car owners, we expect the items we purchase to be safe or at least have warnings regarding potential dangers. If you use these items as intended and something goes wrong, the manufacturer may be held accountable for any damages you sustain.
These are called product liability cases, and they often result from either a manufacturing error, a design defect, or a failure to warn. Unfortunately, many manufacturers focus more on their own profit than they do on the safety of the consumer, which leads to potential dangers when used by the consumer.
Common Auto Accident Injuries
When brakes fail, it can cause a driver to lose control of the vehicle. This can lead to a collision with another car, a pedestrian, or even a fixed object like a tree or utility pole. In some cases, the accident may only result in property damage, but it can cause serious injuries or even death in other cases. If a driver’s brakes failed and caused an accident, they could suffer injuries such as:
- Broken bones
- Lacerations
- Internal bleeding
- Back injuries
- Head injuries
- Neck injuries
- Spinal cord injuries
- Paralysis
Should I Hire a Lawyer for My Claim?
If you have been injured in an accident that was caused by defective brakes, you may be entitled to compensation. An experienced personal injury lawyer can help you investigate your claim and file a lawsuit against the responsible parties. Contact a lawyer at Cantor Grana Buckner Bucci today to learn more about your legal options.
What Should I Do If I Have Been Injured in an Accident Caused by Defective Brakes?
If you have been injured in an accident that was caused by defective brakes, the first step is to contact an experienced car accident attorney. Your attorney will be able to investigate the cause of the accident and determine whether you may be entitled to compensation.
You should also take pictures of the accident scene and get the contact information of any witnesses. It is important to preserve this evidence so that your attorney can review it and determine whether it will be helpful in your case.
You should also keep all of your medical records and receipts related to the accident and evidence that you acted with due diligence in maintaining your car. These will be important when you file a claim with the insurance company and seek compensation for your injuries.
What Damages Can I Recover in a Product Liability Claim?
If you are successful in a product liability claim, you may be able to recover damages for your injuries, including:
- Medical expenses – This can include the cost of hospitalization, surgery, rehabilitation, and any other medical treatment you have received due to your injuries.
- Lost wages – If you have been unable to work because of your injuries, you may be able to recover the wages that you have lost.
- Pain and suffering – You may be able to recover damages for the physical and emotional pain and suffering you have experienced due to your injuries.
If you have been injured in an accident that was caused by defective brakes, you may be entitled to compensation. An experienced personal injury lawyer can help you investigate your claim and file a lawsuit against the responsible parties.
Contact a Car Accident Lawyer Today
At Cantor Grana Buckner Bucci, our Virginia auto accident lawyers understand how defective products can cause a crash and result in a serious injury to anyone involved. We have the extensive experience necessary — more than 200 years combined — to guide injury victims through the complex legal system and seek the compensation they deserve. When you choose to have our firm on your side, you can have peace of mind knowing that your case is in good hands.
Learn more about your potential lawsuit. Call our firm today.
