If your brakes fail and you are involved in an accident, you may be wondering who is at fault. In most cases, the answer is not clear-cut. That is why fault is determined on a case-by-case basis. However, there are some general principles that can help to determine liability.

Who Can Be Liable

As this is the case with many crashes, there are many parties that can be held liable. If a crash is caused by failed brakes, liable parties for damages can include:

  • The driver or owner of the vehicle in which poor maintenance led to brake failure
  • The vehicle manufacturer if brakes are defective in which resulted in causing the accident
  • The retailer or manufacturer if the brakes were replaced but the parts were found to be defective
  • The mechanic if faulty installation caused the brakes to fail

If your failed brakes caused the car crash, you may be at fault. Especially if you failed to have your brakes serviced or replaced when they needed to be. However, it would still be in your best interest to contact an attorney so they can help you determine if there was an issue not directly linked to you.

Regular Brake Maintenance

One of the best ways to keep you and other drivers safe is to take care of your vehicle and get it serviced regularly. Car manufacturers often provide a maintenance schedule with newer cars to help owners know when to get them serviced. Most vehicles, especially newer models, have warning lights that will indicate that it needs maintenance or that something is wrong.

For older vehicles, it’s a little bit harder to tell when you need to take it in for service. A good way to keep track of your older vehicle’s condition is to have a mechanic routine check for any problems when you go in for an oil change. Some other ways you can tell if your brakes need servicing are:

  • Brake light goes on
  • Grinding or screeching sounds when braking indicates that your brake pads and shoes are worn down.
  • Brake pads that feel soft or spongy
  • Vehicle pulls to one side when you brake
  • Vibration while braking is a sign of warped rotors
  • Leaking brake fluid
  • Burning or unusual odors

Check for Recalls

Recalls can happen at any time and on any vehicle no matter how old it is. Staying informed about any recalls involving your vehicle is your responsibility. Generally, repairs needed due to recalls are something you won’t need to worry about financially. 

Have you suffered an injury due to brake failure? Contact our attorneys at Friedman Law Offices.

We understand that car crashes can be overwhelming to deal with. Trying to figure out who is at fault, compensation, and repairs are all complex in their own right, especially if you’re recovering from an injury. Let us help take a little stress off your shoulders. Call our firm so we can discuss your situation. If we represent you, there are no upfront costs until your case is settled. We only get paid if you do.