Who Is Liable For a Collision Caused By Failed Brakes?

December 31, 2015 |
Who Is Liable For a Collision Caused By Failed Brakes?
automobile mechanic inspecting car wheel brake disc and shoes of

The reliability of a vehicle’s make and model is often a factor in determining whether or not to purchase the vehicle. Today, there exist several resources you can use to learn more about your car’s reliability.1 Despite improved vehicle reliability, each year, a number of vehicles will be involved in accidents due to faulty car parts. Recently, Ford recalled its top-selling line of trucks because of failed brakes that could cause the vehicle to unexpectedly slam its brakes.2 Thus, even though your car may be of the most reliable model, potential failures can lead to accidents and injuries.

Failed brakes can lead to automotive collisions due to a vehicle’s inability to stop. These failures can cause serious accidents and injuries. If a collision is caused by failed brakes, who is ultimately liable? There are, of course, several factors that could determine which party is liable. Below discusses a few of the potentially liable parties:


A manufacturer who negligently designs or manufacturers its vehicles may be liable to a victim for losses suffered in an accident caused by the defect. As demonstrated by Ford’s recent recall of its F-150 trucks, a car manufacturer may cause certain aspects of its vehicle to be unsafe even in instances of reasonable use. When a driver is involved in an accident caused by failed brakes, he or she may be able to bring forth a case under a theory of products liability. If the manufacturer was negligent and breached its duty of care to the consumer, the injured party may have a right to recovery of losses.


In addition to manufacturer’s negligence, accidents caused by failed brakes may be the result of a mechanic’s negligence. Brakes naturally wear down and must be replaced. The average person does not perform their own automotive repairs and replace the brakes and brake components. Most often, drivers take their vehicles to a mechanic that they trust. The mechanic is entrusted to perform their jobs competently. Sometimes, a mechanic does not perform his or her tasks to the reasonable standard. As a result, the brakes may fail and cause the driver or be involved in a collision. When the mechanic’s negligence is the cause of the accident, the driver may have a right to recovery of losses.


There are instances in which the driver can be liable for failed brakes. This typically occurs whenever a driver is aware that this or her brakes are not functioning adequately but he or she continues to drive. If failed brakes cause the driver to be involved in a collision, the injured party may be able to bring forth a negligence case against the driver.

Contact a Michigan Automobile Accident lawyer today

If you have been involved in an automobile accident, you may be entitled to recover for losses which you have suffered. You always want to seek the assistance of a lawyer who understands this particular type of automobile accident case. At the law office of Michigan Injury Lawyers, our team understands the legal issues that may arise in a such a case and will always strive to ensure you recover any losses you may have incurred as a result. To schedule a free consultation, please call our office today at 313-438-4357.