Practice Areas

Car Brake Defect

New Jersey Brake Defect Lawyers

Cars have complex brake systems in which various parts, such as discs, calipers, and rotors, need to function together to stop a car safely. Brakes can be defective in many different ways. Hydraulic lines may leak, discs may not be properly installed, or calipers may crack. In some cases, brakes grab, which causes a jerking stop. They also may move a car to the side, which can result in a rollover or a car moving into oncoming traffic. Sometimes brakes fail with no warning, while other times you may experience that they have become mushy while driving.

If a brake system fails, you may lose your ability to stop or slow down safely. In some cases, drivers may not know that they have lost this ability until they try to brake at high speeds. The resulting car accident may be catastrophic or fatal. Under product liability law, if the brakes that caused the accident were defective, you may be able to sue the manufacturer as well as the dealer who sold the car. This is true whether the defect was in the manufacturing (i.e. if the car was poorly made) or the design (i.e. the entire line of cars contains the same defective brakes). In order to successfully hold the manufacturer responsible, your attorney must prove that the defect was unreasonably dangerous, that it caused the injury, and that the vehicle had not been substantially changed since it was first sold.

It’s also possible that the brake failure could be used as evidence of the other driver’s negligence. This may be the case if he or she knowingly drove the car in a dangerous condition. For example, if the brake failure occurred due to an issue that could have been resolved before the car was taken on the road, this can be an example of driver negligence and would make the driver liable for damages and subject to a lawsuit.

In some other cases, it’s possible that a mechanic who worked on the car left the brakes in a faulty condition and could be liable. If you’re attempting to hold a driver or mechanic liable for the brake failure, your case can be difficult to prove legally. This is especially true because neither party (the driver nor the mechanic) will necessarily be willing to document their own fault. However, it’s possible that the driver may claim liability on the part of his or her mechanic, car dealership, or another third party; likewise, those third parties may claim liability on the part of the driver.

Brake defect cases are often complex, necessitating the use of experts. You should be prepared to work with an auto accident attorney experienced in product liability law. If you are involved in a car accident where defective brakes may have been at fault, and if you can prove that the brakes on the other car failed and the brake failure contributed to your injuries, product liability law may entitle you to compensation from an entity other than the driver. Contact an attorney at law office of O’Connor, Parsons, Lane & Noble for a free no obligation consultation. You can simply contact us online or call 1-908-928-9200 or 1-800-586-5817.