May 25, 2021
Were You Seriously Injured in a Brake Failure Accident in New Jersey?
Car accidents can happen at a moment’s notice. Most accidents are preventable. However, in some instances, even the best drivers cannot avoid a crash. Brake failure accidents are among these types of collisions. A car that cannot stop puts the driver and other motorists on the road in a great deal of danger.
There are two kinds of brake failures – those because of a defect and poor maintenance. Brake failures are common and have been identified as playing a role in one out of every 20 car crashes. Brake failure is also cited by the Federal Motor Carrier Safety Administration (FMCSA) as the cause of one in three commercial truck collisions.
In New Jersey, if you were seriously injured in a crash because of a brake failure, you may be eligible to seek compensation. There are three ways to recover damages after an accident involving brake failure. The first is proving the brakes were defective.
You could also prove the brakes were not installed correctly or not appropriately serviced. You could also prove the brakes had not been properly maintained. Knowing the reason the brakes failed means being able to determine who is liable for losses relating to your crash.
Brake failures caused by a defect can involve brake pads or rotors that were defective when leaving the factory. Claims like this are governed by the doctrine of “strict liability,” which means proving negligence is not required. If an investigation shows that defective brakes caused an accident, this is enough to file a claim against the vehicle maker. Claims can be filed against a car dealership and possibly other companies.
Brake failures that happen because the brakes were not serviced or not installed correctly can mean the shop or dealership that installed them can be held liable for your accident. Shops and dealerships are responsible for mistakes made by workers and negligence under the doctrine of respondeat superior.
If a brake failure accident occurred due to inadequate maintenance on the part of the other driver involved in the crash, that driver could be held responsible for your injuries and damages. If the accident involved a commercial vehicle, the owner or operator might be held liable.
Brake failure problems
There are common issues associated with brakes failing, or brake defects, such as:
• The parking brake is defective
• The anti-lock brake system (ABS) fails
• Design, manufacturing, and production is defective
• Brake-line defects
• Leaking brake fluid
• Brakes lock prematurely
• Premature wear from front brake rotors due to grinding brakes
• Prematurely replacing brake pads, calipers, rotors
Vehicle owners are trusting their lives to automakers and manufacturers. The possibility of defective brakes on your vehicle is frightening. If you have been seriously injured in an accident that involved faulty brakes, discuss your case with one of the personal injury attorneys at the Todd J. Leonard Law Firm.
Contact an experienced New Jersey car accident lawyer
If you have been seriously injured in a car accident due to brake failure, speak to a knowledgeable New Jersey car accident attorney right away. The Todd J. Leonard Law Firm is dedicated to helping car accident victims recover compensation for medical bills, property damage and other crash-related costs. Our car accident lawyers have more than 35 years of experience protecting the rights of clients.
Contact us today at (973) 920-7900 for a free, confidential consultation. We are available to answer all your questions and explain your legal options. There is no risk in calling because we never charge a fee unless we can help you recover compensation for your injuries. Our offices are conveniently located in Denville and Morristown.