Lilly, O'Toole & Brown Blog

Who is Responsible for Brake Failure?

If you have ever experienced brake failure, you know how frightening it can be.  When brakes fail, the risk of you being in a collision with another vehicle or object becomes extremely high.  As you frantically try to pump the brakes, you begin to fear the worst.

An accident caused by brake failure can lead to serious injuries.  If you have been injured in a car accident, you know that the medical expenses can add up and that you could experience a drop in income as you are forced to take time off of work to recover.  Depending on what caused the brakes to fail, you may be able to recover compensation for your injuries.

Poor maintenance is often a factor in brake failure.  If you do not follow the manufacturer’s guidelines for maintaining your brakes, you are considered to be at least partially responsible.  However, if you properly maintained your brakes and had them checked, responsibility shifts.

Sometimes brakes are defective, which can mean that the manufacturer is liable for your accident and subsequent injuries.  In a defective brakes case, you can file a lawsuit against the manufacturer to try to recover monetary damages, such as pain and suffering, medical expenses, lost wages, mental anguish and other expenses related to your injuries.

In 2008, there was a class action lawsuit against Kia Motors America Inc., alleging that the Sephia sedan had defective brakes.  The plaintiffs in the class action lawsuit were consumers who had purchased these vehicles between 1997 and 2000.  After a three-week trial, the jury awarded $6 million to the plaintiffs.  According to the jury, Kia violated the Magnuson-Moss Warranty Act.

Defective brake cases can be complex and the manufacturer will do everything possible to show that they are not responsible, which is why you need a knowledgeable attorney representing you.  Contact the experienced Florida defective brakes attorneys at Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 to review your case.  

The article titled, When Brakes Fail to Work Properly, has more information on this topic. 

Labels: brake failure car accident defective brakes defective brakes attorney