Brake failures and defective braking systems can be deadly. A vehicle’s brakes are often the only things preventing a collision. If the brakes fail at an important moment, the vehicle can continue moving and crash at high speed and could potentially even rollover
, causing traumatic injuries.
The Law Firm of Aaron A. Herbert, P.C. is here for drivers in Dallas who suffer broken bones, brain injuries, spine injuries, internal injuries, or other damages due to brake failure in auto accidents. We can help identify whether the brakes had defects, and, if they did, who might be liable for damages.
What Might Cause Defective Brake Failure?
Brakes can fail for a number of reasons, from lack of proper maintenance to dangerous roadway conditions. Car accident victims in Dallas should always consult with an attorney after any type of brake-related crash, as they might have grounds to file a claim against the at-fault driver or other party.
When brakes fail due to a manufacturer defect
, victims might have grounds to file product liability lawsuits. Three main types of product defects could result in brake failure:
- Design flaw. A design flaw might stem from the manufacturing company’s desire to save time or cut costs. The design of the brake system might use poor-quality parts, for example, or cut corners to save money. If brakes have design flaws, they can be inherently dangerous to consumers even if no manufacturing errors occur. Brake systems that overheat, crack, leak, or fail are examples of defective designs. It is the company’s legal responsibility to thoroughly test brake designs to make sure they meet accepted safety and performance standards.
- Manufacturing error. Sometimes the design of the brakes is sound, but a mistake occurs during manufacture that compromises the integrity of the product. A manufacturing error such as accidentally missing a component or improperly installing discs or other pieces could cause brake failure down the road. Companies can avoid manufacturing errors by adhering to strict factory protocols and standards for properly manufactured products with consistency.
- Marketing mistake. This type of defect is less common with brake failure claims but could still be relevant to product liability lawsuits. A marketing mistake occurs when the manufacturing company fails to issue warnings, labels, or instructions regarding a known risk that might not be obvious to consumers. For example, failing to include instructions not to install the brakes a certain way for fear of hydraulic line leaks could be a brake defect that results in manufacturer liability.
If the brakes on your vehicle or the vehicle that struck you contained one of these defects, odds are you have a strict product liability lawsuit on your hands. Texas’ strict product liability laws
hold that an injured consumer does not have to prove the defendant’s negligence or breach of duty if the plaintiff can show that the item had a defect and that the defect caused the injuries. Strict liability laws aim to make it easier on consumers to seek retribution from manufacturing companies when it would otherwise be difficult or impossible to prove negligence.
Call (214) 200-4878 For Free Brake Failure Legal Consultation
When brake failure causes an auto accident, victims should always question whether the brakes were sound and met auto manufacturing standards. A conversation with one of our Dallas attorneys can give you information about brake system recalls, manufacturer negligence, and state product liability laws. You could discover that you’re eligible to file a claim to recover your medical costs, lost wages, pain and suffering, and other damages. To learn more about your unique case, call (214) 200-4878 or contact us online
. Initial case evaluations are always free.