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Who Is at Fault in a Brake Failure Car Accident in New York? 

  • Writer: Alex Maltese
    Alex Maltese
  • Sep 29
  • 5 min read

Brakes are important car parts that allow motorists to slow down or bring their vehicles to a complete standstill. However, when these crucial elements fail, who can be held liable for the resultant injuries?


In this article, we take a deeper dive into liability and fault to help victims find a way forward.


Why Does Brake Failure Happen? 

Why Does Brake Failure Happen? 


In the aftermath of a car accident, many motorists wonder if they were at fault. However, in some cases, the brake system may be to blame. But what causes defective brakes?


Mechanical Failure Because of a Manufacturing Defect or Design Defect

Brakes can occasionally fail because of flaws in the manufacturing process or design. The braking system could suddenly malfunction because of faulty parts, such as worn brake pads, damaged rotors, or faulty hydraulic lines. In these situations, the distributor or manufacturer of the faulty brakes may be held liable.


Incorrect Placement

The vehicle might not react correctly during an emergency stop if the brakes or other components were installed incorrectly. Inadequate installation implies that there was carelessness or negligence on the part of the relevant auto repair company, mechanic, or even the car dealership that sold the vehicle with faulty brakes.


Poor Vehicle Maintenance

Brakes require routine fluid checks, replacements, and inspections. The likelihood of brake failure increases when fleet managers or car owners disregard regular maintenance. A rental car company could be held responsible for an accident caused by brake failure if it disregards warning signs like squealing or grinding sounds.


If Negligence Is Involved, Victims Can File a Personal Injury Claim for Compensation


According to New York law, victims injured in a car accident can file a personal injury claim where brake failure can be linked to carelessness.


Whether the crash happened because of the negligence of a manufacturer, mechanic, fleet operator, or even another motorist, injured parties can claim medical expenses, lost wages, pain and suffering, and long-term rehabilitation costs by filing a lawsuit.


In general, proving negligence is demonstrating that the at-fault party had a duty of care, violated that duty, and was directly responsible for the accident and the injuries that followed. 


A skilled auto accident lawyer can look into why the brakes failed, collect proof, and negotiate with insurance companies to get fair compensation for injured victims. And if the accident led to a wrongful death, an attorney can help families hold the relevant party responsible for their loss. They can also explain who is at fault in a roundabout accident NY.


Who Can Be Held Liable When a Car Accident Involving Brake Failure Causes Injuries?


When a car accident involving brake failure causes injuries, a number of parties may be held liable, depending on the circumstances.


Vehicle or Brake Manufacturer Can Face a Car Accident Lawsuit

The vehicle or part manufacturer can be held responsible for any resultant damages if a design or production defect caused the brakes to fail. However, evidence from the accident scene, expert witnesses, camera footage, and inspection records can be necessary to prove that the manufacturer was negligent.


The Mechanic or Repair Shop Could Be at Fault

A mechanic or repair shop may be liable if the brakes were installed incorrectly or serviced negligently, as this could affect their function. 


Car Dealerships or Distributors Could Be the Reason for a Front or Rear-end Collision

Dealerships or distributors could share fault if they sold a car with known brake issues. Proof of the condition of the car when it was sold to the driver and at the time of the accident, as well as other pieces of evidence, can be used to prove liability in such cases.


Drivers or Fleet Operators Might Be at Fault for Negligence at the Time of the Accident

Fleet operators or individual drivers may also be liable for damages if faulty brakes caused the accident and they ignored routine maintenance or early warning signs.


It is important to note that in some cases, several parties share liability. This makes a comprehensive investigation essential when determining who should be held accountable.


An Auto Accident Attorney Can Provide Clarity on Who Is at Fault in an Accident Caused by Defective or Faulty Brakes


The truth is that a car accident case involving defective brakes can be incredibly complex, and more than one party can be liable for the accident. This can make determining fault incredibly difficult. 


The good news is that a personal injury attorney can help those injured in a car collision that was not their fault recover compensation. Attorneys have years of experience with car accident claims and will ensure that a proper investigation is carried out to uncover the true cause of the accident. They can also advise on who is at fault in a school bus accident NY.


In addition to assigning fault for the accident, a lawyer can identify every potentially responsible party—whether it’s the vehicle manufacturer for a design defect, a mechanic for improper installation, a fleet operator for poor maintenance, or even another driver who contributed to the crash.


By holding all negligent parties accountable, victims increase their chances of securing the full and fair compensation they deserve.


Involved in a Car Accident? Consult with a Reputable New York Car Accident Lawyer to File a Claim for Damages

Involved in a Car Accident? Consult with a Reputable New York Car Accident Lawyer to File a Claim for Damages


When brakes fail, a front, side, or rear-end collision can occur. While it may seem like all is lost, the good news is that victims who were injured in an accident involving defective brakes can turn to The Law Office of Carl Maltese for expert legal representation.


We offer expert liability claim guidance and will stop at nothing to secure a favorable outcome. Research great car accident attorneys in Long Island for more information. Also, schedule a FREE consultation with a car accident attorney from our law firm to claim the compensation you deserve!


Questions Our Law Firm Is Often Asked


1. What are some of the warning signs that one would notice before their brakes fail? 

Worn brake pads generally produce a high-pitched screeching, grinding, or scraping sound. Warped rotors may be indicated by vibrations or pulsations in the brake pedal. 


Moreover, when braking, the car may pull to one side, which could indicate that there is uneven wear or a brake fluid problem. Drivers may also notice that their brake pedal is "spongy" or "soft."


Greater stopping distances and a dashboard brake warning light are also warning signs that there is a problem. Moreover, a burning smell while driving could also indicate that the brakes are overheating.


If a motorist notices any of these warning signs, they must get their brakes checked to avoid car or truck accidents. Failure to do so could result in them bearing liability in a personal injury claim if a car crash occurs. 


2. If a victim is partially at fault for a motor vehicle accident, can they still file a legal claim for damages? 

Yes, they can. New York is a pure comparative negligence state, which means that driver error does not disqualify the injured party from seeking restitution. However, the degree of fault (also referred to as the percentage of fault) that a claimant bears will affect the amount they receive in compensation. 


3. Can a victim file a lawsuit for a New York City car accident if the other party has car insurance? 

Yes, you can file a car accident lawsuit even if the other motorist has car insurance. Insurance coverage can cover some damages, but it does not automatically prevent a legal claim, especially if fault is disputed.


For example, in a rear-end accident, the at-fault driver’s insurance could pay for the injured party's injuries and property damage. However, if brake failure or other brake problems contributed to the collision, a lawsuit can help ensure that the claimant receives full compensation beyond what insurance might provide.

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