California Brake Failure Attorneys
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Our California Brake Failure Attorneys Can Help You Navigate The Legal Process
It is the driver’s responsibility to make efforts to stay safe while driving. However, despite these efforts, car crashes can still happen in California due to various factors, including driver negligence and vehicle issues. In such cases, injured individuals may benefit from consulting California brake failure attorneys to explore their legal options. They provide guidance on legal options, including how to pursue compensation that may be available under California law.
Brake failure can be the result of many different factors, including inadequate maintenance, manufacturing defects, or leaks. It is important for any person who suspects that brakes are an issue with an automobile to have their brakes inspected and repaired as soon as possible to help avoid possible accidents.
Our lawyers here at Arash Law provide legal guidance to individuals seeking to recover damages after a brake failure. To understand your situation better, call our brake failure lawyers at (888) 488-1391.
Why Hire Attorneys For Brake Failures
In some cases, accidents that involve brake failure are not straightforward. There could be challenges in several aspects that a brake failure attorney can help you with. Our team can:
- Handle Complex Cases — Our injury attorneys have experience handling different accident cases. For brake failures, there could be liability issues that may be difficult to handle on your own.
- Protect Your Interests — If we represent you, our attorneys work to develop strategies that may support your claim and protect your legal rights.
- Work on a Contingency Fee Basis — Most accident lawyers, including ours, work on a contingency fee basis, which means you don’t have to pay legal fees upfront. We only collect attorneys’ fees if there is a recovery. However, case-related costs may still apply, and our attorneys will discuss these with you before moving forward.
- Provide the Support You Need — We strive to offer personalized attention and maintain clear, consistent communication to help clients stay informed about their case.
If you are not sure if your brake failure accident case is valid, fill out our “Do I Have a Case?” form. Our car accident lawyers can assess your case and provide legal insights based on the details you provided.
What Our Lawyers For Brake Failure Can Do
Brake failure accidents can involve certain intricacies that may need professional support. Here are some things our California brake failure lawyers can do:
- Assessment of Your Case — Our team evaluates cases to determine if someone else should be liable for the brake failure accident.
- Accident Investigation — We collaborate with field experts to investigate the cause of the brake failure. This process can help determine liability in a case.
- Evaluation of the Extent of Damage — Our attorneys work to assess the potential damages that may be relevant to your case, helping to assess potential damages under California law.
- Legal Representation — Our injury law firm aims to protect your rights throughout the legal process. We handle all legal formalities, negotiate with insurance companies, and represent you in court if necessary.
When To File A Claim After A Brake Failure
When people are involved in brake failure accidents and suffer serious injuries, they may be able to present a compensation claim for their injuries and any property damage. If there are issues with the insurer or disagreements in liability, other legal options, such as filing a lawsuit, could be available.
Victims need to understand that California state law only gives a person two years from the date of an accident to file a case for damages. The state’s statute of limitations sets these deadlines. However, the timeframe may vary depending on the situation:
- Cases Involving Government Entities — Claims against government entities usually have a much shorter filing window, requiring action within six months. You might find yourself in this situation if your accident involved a police car or other government vehicle.
- Victims Who Are Minors — If the victim in a brake failure accident is a minor, the statute of limitations typically begins when they reach 18 years old. However, a parent or legal guardian may file a claim on their behalf before that time.
- Delayed Discovery of Injuries — In some cases, victims do not discover their injuries until a later time. When this occurs, the statute of limitations may begin from the date the injuries were discovered or reasonably should have been discovered, rather than the date of the accident.
Victims may find it challenging to negotiate settlements on their own, especially if they are not fully aware of their damages. When settlement negotiations are unsuccessful, filing a lawsuit can become an option. For valid claims, brake failure lawyers can explain your options and guide you through the process.
Frequently Asked Questions About Break Failure Accidents
After an unfortunate and complex accident, victims may wonder what their rights, responsibilities, and legal options are. In the following section, we address some of the most common questions regarding brake failure accidents. Nevertheless, if you need personalized advice, call our brake failure lawyers at (888) 488-1391.
How Much Does It Cost To Hire A Brake Failure Lawyer In California?
Brake failure lawyers often handle personal injury cases on a contingency fee basis. In this arrangement, they only collect attorney’s fees if there is a recovery. Case-related costs may still apply, and your attorney will explain this arrangement before you move forward.
The contingency fee agreement allows victims of brake failure accidents to seek legal support without paying upfront costs. Lawyers working under this arrangement aim to resolve your claim effectively while making legal services accessible.
Does Insurance Cover Brake Failures?
Yes, brake failure can be covered by insurance if you have mechanical breakdown insurance (MBI). MBI specifically covers critical vehicle parts, like brakes, in the event of a failure. However, it does not cover accidents, theft, or damage to the vehicle. Additionally, it does not include regular maintenance or wear-and-tear repairs. In California, MBI acts as an extended auto warranty, providing extra protection against unexpected repair costs.
After an accident, many people look for free accident lawyer advice to understand their rights and insurance options. Our attorneys offer free consultations to review your situation and explain how the law may apply to your case.
How Long Does A Brake Failure Accident Settlement Take In California?
Vehicle accident claims, like brake failures, in California might take anywhere from a few months to many years to resolve. The timeframe of a case depends on the details. Some common factors that might affect how long it takes to settle an accident case are:
- A case’s complexity and evidence availability.
- The extent of the harm suffered.
- Cooperation between insurers and other parties.
- Method of negotiating.
While the timeline depends on many factors, taking certain steps may help avoid unnecessary delays:
- Address Legal Documents Promptly — If you take too long to reply to demands for signatures or documents, it might cause delays. Timely responses to your attorney’s or insurance company’s requests and submissions of required papers are essential.
- Keep a Record of All Medical Procedures — Make sure your healthcare providers have provided all the required paperwork on your medical treatment before you agree to a settlement. Incomplete medical data may delay the settlement process, especially when additional treatment or an examination is necessary.
- Consult a Brake Failure Attorney — A lawyer who handles discussions with insurance companies, medical providers, and lien holders can help facilitate the settlement process. They can assist you in filing paperwork to help avoid delays.
Common Causes Of Brake Failures
Here are the common reasons why brake failure happens:
- Component Deterioration — Over time, brake rotors, pads, and other parts wear out due to usage, ultimately resulting in system failure. Brake hoses cracking or breaking can also cause brake failure.
- Neglect of Routine Maintenance — Failure to conduct regular maintenance inspections can cause brake issues, highlighting the consequences of poor upkeep.
- Manufacturing Flaws — Some brake systems could have inherent design or construction defects, compromising their functionality and safety.
- Improper Installation — Mechanics or service shops may improperly install brake components, leading to operational faults and potential failures.
- Brake Overheating — Overheated brakes may lead to hot spots on the brakes that result in a further loss of friction and braking power. A poor-quality brake pad can cause this.
Squealing brakes are a sign that pads are wearing thin, and rotors can be at risk. Regular brake inspections are recommended, either by yourself or by a qualified mechanic. Addressing any issues promptly can help maintain safety.
Accidents Caused By Brake Failure
Brake failure can be a common element in many crashes and usually involves a person causing a collision because of an inability to stop. The potential for injuries in these cases increases depending on the speed at which a person is driving.
Some of the most common kinds of accidents resulting from brake failure include, but are not limited to:
- Rear-End Collisions — A rear-end collision occurs when one driver hits the back of another vehicle. The driver who causes the collision is typically at fault, even if brake failure is involved.
- Pedestrian Accidents — When brakes fail, pedestrians are at risk of being hit. Injured pedestrians may be eligible for compensation, covering medical bills, lost wages, and pain and suffering.
- Rollover Accidents — Rollover accidents often involve large trucks or SUVs flipping over. Brake failure can cause sudden swerves or jerks, leading to rollovers.
- Single-Vehicle Collisions and Collision With a Fixed Object — These can occur when brakes fail, potentially causing the driver to lose control of the vehicle. Such incidents may result in injuries and property damage, depending on the circumstances.
- Intersection Accidents — Brake failure can prevent vehicles from stopping in time, especially at intersections or stop lights. These may lead to intersection accidents such as T-bone collisions.
People who are involved in these accidents may benefit from consulting with a brake failure attorney to understand their options better. Insurance companies often evaluate claims carefully, and a brake failure attorney may assist with negotiations and explaining your rights to pursue compensation.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
How Do I Prove Liability In A Brake Failure Accident?
Several legal doctrines may apply when proving liability in a brake failure incident. Here are some of them:
Establishing Negligence
To prove negligence in a brake failure accident, you or your brake failure lawyer must show the following:
- Duty of Care — The at-fault party had a responsibility to ensure the brakes were safe. For instance, vehicle owners must maintain or check their brakes to ensure safe driving.
- Breach of Duty — A negligent individual failed to fulfill this duty, such as a mechanic improperly repairing the brakes or a driver neglecting to inspect them.
- Causation — The brake failure directly caused the accident, which may require expert testimony or evidence like maintenance records.
- Damages — You suffered actual harm, such as injuries, property damage, or lost income, supported by documentation like medical records or repair bills.
Demonstrating Product Liability
Under product liability laws, a manufacturer can face liability for damages caused by a defective product, whether due to poor design or production. In California, if a vehicle collision occurs because of brake failure caused by a defective design, the manufacturer may be held legally responsible for resulting damages, depending on the facts.
To prove product liability, you or your brake failure attorney must demonstrate that the defective design of the brake system directly caused the accident. Lawyers may need to collaborate with industry experts and review necessary records from the manufacturer to support this claim.
Liability For Brake Failure Accidents
Brake failure accidents are complex, as the driver of the defective vehicle can also be a victim. Determining liability can be challenging, and brake failure lawyers can assist victims in identifying responsible parties, which may include:
- Drivers or Vehicle Owners — They are responsible for maintaining the vehicle, including ensuring that important features like brakes are in good condition. If they neglected to maintain their vehicle and it caused an accident, they may be held liable.
- Mechanic or Maintenance Shop — Brake failure accidents caused by poor maintenance may place legal responsibility on the mechanic or repair shop involved.
- Vehicle or Parts Manufacturers — Similarly, brakes with manufacturing defects can also make manufacturers liable in these cases.
California is known as being a pure comparative fault state, which means that people can recover damages even when they were primarily at fault for their accidents. The one catch to these claims is that people can have their awards reduced by their percentage of negligence. For example, a person who suffers injuries in a brake failure accident and is awarded $100,000 but found to be 60% at fault, their award may be reduced to $40,000.
Some brake failure accident cases get resolved through settlements because some parties may not want to proceed to court. Consider working with a brake failure attorney who can guide you through the entire process, including filing a lawsuit when settlement negotiations are unproductive.
When Brake Failure May Not Be The Driver’s Fault
There can be situations in which a driver successfully argues they should not be liable for brake failure that caused a car accident. To succeed, a driver may have to prove:
- What caused the brake failure
- That nothing occurred prior to putting them on notice of the defect or brake failure, or to put them on notice of another defect or failure that ultimately contributed to the brake failure.
- That the vehicle received proper inspection and maintenance within a reasonable period of time before the accident
- That the cause either arose after the inspection or was of such a nature as not to be discoverable by a reasonable inspection within a reasonable period of time prior to the accident.
Failure to prove their case can often result in them being found negligent. In such situations, it may be valuable to seek the guidance of a brake failure attorney who can assist you in building your case. With legal support, you may be able to prove that your accident resulted from a mechanical malfunction rather than driver error.
Brake Failure Injuries
Injuries resulting from brake failure accidents can vary widely, ranging from minor to catastrophic, depending on the circumstances of the crash. Common examples of such injuries include:
- Fractures or broken bones
- Concussions
- Closed head injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal organ damage
- Skull fractures
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Traumatic amputations
The types of injuries people suffer depend on many different factors, including the speeds at which vehicles are traveling and where people are seated.
Pursuing Compensation After A Brake Failure Accident
California law allows personal injury victims to seek the following types of damages in an accident case:
Economic Damages
Under California Civil Code §1431.2(b)(1), economic damages are defined as objectively verifiable monetary losses that include medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities. They include:
- Medical Bills — Many people involved in automobile accidents require medical care that costs money, and some victims who need additional care will continue to rack up medical costs. Medical expenses are one of the most common kinds of compensation in car accident cases because virtually all claimants have these kinds of bills.
- Property Damage — Some victims may have to deal with considerable damage to their motor vehicle, and a negligent driver may be obligated to pay for the costs of repairing other motor vehicles. Occasionally, vehicles can take damage beyond repair because of collisions, and victims may be able to pursue damages for the value of these vehicles from the negligent party.
- Lost Wages — There is little doubt that people who suffer injuries in brake failure accidents will have to take time away from work to recover. Being out of work for an extended period of time can cause many financial issues, and a negligent driver may be responsible for these costs.
Obtaining compensation for lost wages can involve a person needing to prove they missed work by producing documents, such as:
- A Lost Wages Letter — People with regular employment can prove lost wages by providing a letter from their employer that contains the details of their workplace, the nature of their employment, and the amount they make.
- Tax Returns Documents — People who do not have regular employment may be unable to use a lost wages letter, so pay stubs and tax returns may be used instead.
- Documents to Support Self-Employment — Self-employed people can prove lost wages by producing documents indicating the amount they would have made during the time they were unable to work.
- Papers Showing Lost Future Income — While lost wages compensate people for the money they missed out on in the past, loss of future earnings aims to compensate victims for their future losses. Victims may show medical records, employment documents, and other proof of career trajectory in establishing loss of future income.
Non-Economic Damages
California Civil Code §1431.2(b)(2) establishes that non-economic damages are subjective, non-monetary losses that include, but are not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation. Examples include:
- Pain and Suffering — A common claim in car accident cases is for pain and suffering. Some victims may experience it, and they might need to provide strong evidence to support this.
- Emotional Distress — Emotional distress relates to mental suffering as a sort of emotional response to an experience arising from the effect or memory of a car accident.
- Lost Companionship or Consortium — People who lose their loved ones in car accidents can make claims relating to how they have lost the ability to be close to their loved ones.
- Inconvenience — An award for inconvenience can relate to various claims of injury victims about how an injury has caused some inconvenience in their lives, such as people who require full-time assistance with their daily living.
- Mental Trauma — Much like emotional suffering, people who are suffering mentally from their accidents can also be eligible for awards.
- Loss of Body Parts — People who have to undergo amputations because of their injuries may have to make some major adjustments to their lives and may be unable to do everything they used to do. This may enable them to pursue damages for the ways in which the loss of body parts has affected their quality of life.
Certain types of drivers may not be allowed to recover compensation for non-economic damages in California. Under the California Civil Code, drivers who do not have car insurance or do not meet the state’s financial responsibility requirements cannot recover non-economic damages. Additionally, drivers convicted of driving under the influence (DUI) offenses are also not eligible for non-economic damages.
Wrongful Death In Brake Failures
Families who lose loved ones in car accidents caused by brake failure need to be aware that they often have legal rights in these cases. Negligent parties may be held liable for damages in wrongful death cases, depending on the circumstances. In this type of claim, eligible family members or loved ones may be able to pursue compensation for:
- Funeral costs
- Burial expenses
- Loss of financial support
- Loss of consortium
The amount of compensation may depend on the actual damages. A brake failure accident attorney may be able to assist in evaluating damages and explaining possible legal remedies in these cases.
Brake Safety Tips
Here are some recommendations that may help prevent brake failure incidents:
- Be Mindful When Driving — People should take it easy on their brakes in more demanding conditions, such as steep mountain grades. Excessive braking in these conditions can cause overheating.
- Pay Attention To Your Brakes — When brakes feel “spongy,” it can be a sign of air in the brake or a leak. Also, listen for grinding or scraping sounds.
- Ensure Quality of Components — Drivers must properly maintain their brakes in compliance with the manufacturer’s recommendations and should have them inspected routinely during every visit to the shop.
Instances Of Brake Failure And Related Recalls
The National Highway Traffic Safety Administration (NHTSA) has opened several investigations into braking loss issues with many types of motor vehicles in recent years. For instance, NHTSA opened an investigation into complaints of braking loss by 2017/2018 Ram heavy-duty pickup trucks.
There have also been reports of other manufacturers issuing recalls in recent years. Ferrari recalled 23,555 vehicles from the 2005 model year to 2022 for potential brake failure. Meanwhile, Volvo issued a recall in June 2025 for select 2020–2026 plug-in hybrid and battery electric vehicles due to a possible issue where the braking system could fail while descending hills.
The National Motor Vehicle Crash Causation Survey from NHTSA found that the most frequently occurring vehicle-related critical reason for crashes was tire failure or degradation or wheel failure, accounting for about 35% of crashes. However, brake failure or degradation was the second most common reason, contributing to 22% of crashes.
Attorneys Can Provide Support In Accidents Involving Brake Failures
Did you recently suffer severe injuries, or was your loved one killed in a car accident that involved brake failure? You may want to get legal support from an experienced brake failure attorney. Arash Law provides legal support to individuals exploring their options after a brake failure accident.
Our firm assists people from diverse backgrounds in navigating legal challenges and understanding the types of compensation that may be available under California law. You can call (888) 488-1391 or contact our California brake failure attorney online to schedule a free initial consultation.
