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Brake Failure Accident Attorney 

The braking system is arguably your car’s most critical safety feature, responsible for helping you stop or slow down in order to avoid collisions with other vehicles or other items that might be in the road. If the brake system fails or malfunctions, it could easily lead to a catastrophic accident that results in serious injury or even death. If you’ve been injured in a car accident caused by brake failure, either in your car or the other driver’s, a car accident attorney can review your case and determine whether you have a claim. 

Frustrated man runs into guardrail after brakes fail


Who Is at Fault When Car Brakes Fail?

When it comes to brake failures, determining who may be at fault is more complicated than many people realize. There are three main possibilities when identifying fault in a brake failure case: 

  • The failure was caused by negligence maintenance by the car’s owner
  • The failure was caused by negligent or faulty repairs by a mechanic or repair shop
  • The failure was the result of a design or manufacturing defect in the braking system or the vehicle

Brake cases can be complex and difficult to prove, especially if the failure was due to a defect or as a result of faulty repairs. An experienced car accident attorney will be able to review the facts and circumstances surrounding your accident and determine who is at fault. 

Multiple Parties May Be at Fault in Brake Failure Accidents

In many brake failure cases, there may be more than one party liable. For example, the brakes may have failed due to the other driver’s negligence, but the other driver claims that they just had them repaired. In that situation, you may have a claim against both the other driver and the repair shop. 

Brake Failure Accidents and Comparative Negligence

It’s also important to understand California’s comparative negligence law in the context of brake failure cases. Even if one party was negligent in maintaining their brakes, they may claim that the other party was at least partially responsible for the accident. Under California law, you can still recover compensation for your injuries and other losses even if you were partially at fault in causing the accident. Our brake failure attorneys will present all necessary evidence to show that the other party is still liable to you. 

What Compensation Can You Seek After a Car Accident Due to Faulty Brakes? 

If you are injured in a car accident caused by a brake failure, you may be entitled to compensation in the form of both economic and non-economic damages: 

Economic damages are concrete monetary losses caused by your accident such as the following: 

  • Medical expenses
  • Cost to repair or replace your vehicle
  • Lost wages 
  • Loss of future earning capacity

Non-economic damages are those subjective harms suffered by the victim as a result of the accident: 

  • Pain and suffering
  • Loss of companionship
  • Emotional anguish
  • Mental or psychological trauma including anxiety, depression, or PTSD

A car accident attorney can make sure that you get fair compensation for your accident. 

Injured in a Car Accident Caused by Brake Failure? Contact Banafshe Law Firm

If you have been injured in a brake failure accident, an accident attorney at the Banafshe Law Firm can help you put your life back together. To schedule a free consultation, call us today at 800-789-8840 or contact us online to discuss your case and how we can help.