Most people don’t pay much attention to their brakes until they have an issue, like when their foot feels as though the pedal they’re stepping on has suddenly become a wet sponge. Failing brakes can be a serious safety hazard for vehicles of all sizes and makes. Most mechanics would agree that your brakes are the most important component when driving a car, truck, SUV or motorcycle.
The entire braking system matters and not just for vehicle stability and driver and passenger safety. These key components include properly functioning brakes, brake pads, rotors and fluid, ensuring the vehicle can always operate as required and avoid collisions.
Ignoring Bad Brakes Can Be Devastating
It doesn’t matter if you’re behind the wheel of an economy coupe or a luxury sedan. The fundamentals of driving any car are having the ability to slow it down and bring it to a stop. Without this basic function, your vehicle is headed on a dangerous path.
The statistics on brake malfunctions are significant. For example, in the United States, brake failures account for about 300,000 crashes annually. Also, these collisions are 1.4 times more likely to occur during the summertime. This increased risk is often blamed on excessive heat, which accelerates the degradation of a vehicle’s braking system.
Mechanics say that most brake failures develop from one of three issues: brake fluid leakage, a defective brake booster or a faulty brake master cylinder.
The good news is that advances in technology have reduced the possibilities of a driver experiencing brake failure. However, it can happen, and being without braking power on the road can be both frightening and dangerous. Braking malfunctions can arise from the owner’s negligence, aggressive driving habits, faulty vehicle servicing or faulty installation.
Being Liable for Brake Failure in an Accident
When it comes to driving, laws vary in every state. However, one factor remains consistent across the United States regarding negligent maintenance: All car owners have a legal duty to keep their vehicles in a reasonably safe condition. If you fail to do this, you may be held liable for any accidents that result.
Maintaining proper brakes and other mechanical systems is essential. A car accident lawyer would tell you that if your brakes fail during a car collision, you would be at fault and would be held legally responsible.
If a car accident occurred where both parties were responsible due to unsafe behavior, this could come under a contributory fault law. This law varies significantly in states. In this case, a jury would attribute a certain amount of the fault to each party. For instance, maybe you were hit by a driver whose brakes failed due to poor maintenance, but the collision occurred as you ran a red light. Maybe you can’t settle, so it goes to trial. Maybe the jury decides that you’re 25% responsible, and the other driver bears 75% of the blame. That means the other driver must pay 75% of your costs from the accident.
Here’s another scenario. If you’ve been in a vehicular accident where your brakes malfunction, it may be the fault of the manufacturer. It could be a design defect with your car model, for example. In that case, you would not be held legally responsible, but the manufacturer could be found liable. You may also be entitled to compensation for the costs of any collision caused by the brake failure.
When a company operates a fleet of vehicles, the owner is also responsible for their maintenance and inspection. Any failure to do so could leave the company liable if an accident were to occur.
Being prepared is crucial whenever you get behind the wheel. Most drivers keep their insurance card safely in the glove compartment of their vehicle. Others prefer to save their insurance card digitally on a smartphone app.
A team of injury attorneys would remind all drivers that if you permit someone to drive your vehicle, ensure that the individual carries their own insurance coverage. The reason is rather simple: Perhaps you gave your friend permission to operate your car, and they carry their own coverage. However, in a collision, your friend’s insurance coverage is secondary to yours. That means if your driver-friend were at fault, your insurance coverage would pay out first; then, their coverage would be responsible for any remainder.
Understanding the Injuries From Failing Brakes
Brakes can fail for a variety of reasons, and when they malfunction, the injuries victims sustain can be serious, especially during high-speed rear-end, intersection or loss-of-control collisions. Some of these injuries include concussions, lacerations, broken bones, spinal cord injuries, traumatic brain injuries, disfigurement and more.
You, as the driver, could also be the victim when your brakes fail. Having a vehicle repaired is expensive enough, but when someone gets hurt, the bill will soar!
That is why every driver is responsible for their vehicle’s mechanical safety by keeping a regular inspection and maintenance schedule. If you’re wondering how long brakes last, the average lifespan is between 25,000 and 65,000 miles. Those numbers will vary depending on how you drive, where you drive (in-city vs. highway) and the kind of brake pads your vehicle uses.
It doesn’t stop there. Every driver should be alert for even slight warning signs from the braking system. That could be the brake light indicator suddenly appearing on the dashboard or a sharp burning odor coming from the vehicle. Being proactive will ensure that brake failure remains a rare occurrence for you.
Lastly, it bears repeating that every driver has a legal duty to operate their vehicle safely and responsibly. A serious car collision can turn your life on a dime. Don’t let that happen to you, yours or anyone else.
