Obtaining Compensation Following An Accident Caused By Failed Brakes

Januari 07, 2016

One of the last things a driver wants to experience when in a motor vehicle is facing the prospect of failed brakes. Brakes play a critical role in helping a car is reduce its velocity and stop before colliding into other vehicles or fixed objects or before running off roads. When brakes fail, it may result in a collision as well as serious injuries to the driver or multiple parties.

Potential Injuries Caused by Failed Brakes

Serious Physical Injury - In 2015, Florida car accidents have already resulted in 220,340 injuries.¹When brakes fail, drivers and passengers are at risk of collisions with objects. This can cause an individual to be thrown from the vehicle, strike a part of the vehicle’s interior, or suffer injuries such as whiplash or head trauma.

Emotional Trauma - Cars are designed with safety in mind. Whenever an ever-important safety feature fails, it can cause emotional trauma.

Deaths - Florida was home to 2,494 fatalities car accident related fatalities in 2014.² Failed brakes can cause result in the deaths of drivers and passengers who are unable to stop before colliding with other vehicles or obstacles.

The above-discussed injuries can result in losses which include medical bills, loss of income, pain and suffering, and loss of consortium. When these losses are caused by the negligence of another, the injured party may be able to recover damages.

From Whom Can I Obtain Compensation?

There are different parties who can be complicit in causing failed brakes. It is, of course, important to understand who could be potentially at fault whenever bringing forth a cause of action to recover damages.

Vehicle and Component Manufacturers – The company that designs and assembles the vehicle and its components is commonly referred to as a manufacturer. This includes large manufacturers such as Ford, BMW, and Honda. A manufacturer may be liable for damages caused by a manufacturing defect or a defectively designed vehicle. Recently, Ford recalled its F-150 trucks as a result of a manufacturing defect which rendered the vehicle unsafe for use.³ Drivers who are injured as a result of an accident caused by the manufacturing defect or defective design may be able to bring forth a liability claim against the manufacturer. If brake components of the finished vehicle were defective but were produced by another company, the injured driver will also have an ability to bring forth a liability claim against the manufacturer of the brakes.

Negligent Mechanics – Vehicles require regular repair and maintenance in order to continue functioning safely. Most drivers do not perform automotive repairs on their own cars. Instead, when a vehicle’s brakes and its components require repairs, most car owners seek out an automotive mechanic. Drivers entrust their vehicles to the mechanic because the understand the mechanic to be offering a service for which they have requisite knowledge and a certain level of expertise. Mechanics may not perform their job to the basic and reasonable standard. Instead, their installation or repairs of a vehicle’s brakes and components may be performed negligently. Whenever this negligence causes the brakes to fail, the driver may be able to recover damages for those losses incurred.

Reckless Drivers – Some drivers are aware of brake issues with their vehicle and choose to avoid making any necessary repairs. When an individual knowingly acts in a manner that is unreasonable, he or she is acting negligently. If the brakes of a vehicle fail and lead to an accident, the driver of the vehicle whose brakes failed will be responsible for the collision.