Every time you get behind the wheel of a car in Atlanta, you assume that your vehicle’s systems will work as intended. From your headlights to your steering wheel, each of these parts plays an important role in not only getting you to your destination but also arriving safely. There is arguably no part of your vehicle that is more critical than your braking system.
Unfortunately, brake failures can happen when you least expect them. These sudden and unexpected failures can quickly lead to collisions that cause devastating injuries that can alter your life forever. Given the stakes, it is critical that you watch for the warning signs that something is wrong.
If you have been injured in a crash due to brake failures, now is the time to consider your legal options. The team at Mabra Law can work with you to help you build a winning case for compensation. Contact our firm right away to learn how an Atlanta personal injury lawyer can help.
Why Braking Systems Fail
Brake failure is a serious and potentially life-threatening mechanical issue. While it may seem like a sudden and unavoidable disaster, most brake failures are the result of underlying problems that develop over time. In the event of a crash, an experienced Atlanta personal injury lawyer can help determine the cause of that failure.
Worn Brake Pads
Brake pads are designed to wear down gradually, but when they’re not replaced in time, they lose their ability to stop the vehicle. When the pads wear too thin, drivers may experience squealing or grinding sounds, which should be taken as a sign that it is time for replacements. Over time, worn pads can also damage the rotors themselves, leading to far more serious issues.
Brake Fluid Leaks
Your vehicle’s brake system relies on hydraulic pressure, which depends on a sealed system filled with brake fluid. If there’s a leak in that system, pressure drops, and your braking performance suffers. This is a serious issue that can lead to catastrophic consequences if left unaddressed.
Warped Brakes
Frequent hard braking, towing heavy loads, or descending steep grades can cause the brake system to overheat. Excessive heat causes the metal rotors to warp and the brake fluid to boil, reducing effectiveness. Warped rotors result in vibration and diminished stopping power—both of which are dangerous in emergency situations.
ABS System Malfunctions
Modern vehicles are equipped with anti-lock braking systems (ABS) to help drivers maintain control during sudden stops. However, if sensors or modules within the ABS malfunction, the brakes may lock up or fail to engage properly. It is a major mistake to ignore warning lights related to your ABS braking.
Poor Maintenance
Perhaps the most preventable cause of brake failure is simple neglect. Skipping regular inspections or delaying repairs can have devastating consequences. Unfortunately, negligent repair work can also lead to an accident. If your mechanic fails to replace your brake pads or makes errors during installation, it can leave you in a dangerous position when driving.
Warning Signs of Failing Brakes
Brake failure rarely happens without any warning whatsoever. In most cases, a vehicle will show signs of trouble long before the braking system stops working entirely. Recognizing these red flags early can prevent serious accidents and reduce the risk of injury to you and others on the road. Any of the following could be signs that your brakes are going out:
Grinding Noises
One of the earliest and most obvious indicators of worn brake pads is a high-pitched squealing sound. If you hear these grinding noises each time you apply your brakes, it is a clear indicator that your pads need to be replaced. As the pads continue to wear, this can transition to a metallic scraping sound that means your rotors are being damaged.
Soft Brake Pedal
If your brake pedal feels soft or spongy, there may be a problem with your hydraulic system. If air accumulates in the brake lines, it may prevent the system from maintaining the pressure needed for your braking system to function properly.
Vehicle Pulling
When a car pulls to one side during braking, it may signal uneven wear on the brake pads, a stuck caliper, or a brake fluid imbalance. This issue not only reduces stopping efficiency but also makes it harder to control the vehicle, especially in emergency situations or on slippery roads.
Brake Warning Lights
One of the most obvious signs of a problem is the ABS warning sensor lighting up on your dashboard. While it does not necessarily mean a catastrophic failure is imminent, it is a clear sign you should have someone look at your brakes.
Vibration in the Brake Pedal
If the brake pedal vibrates or pulses when pressed, it may be due to warped rotors. This issue often develops during prolonged overheating and can lead to inconsistent braking performance. In severe cases, it may increase the stopping distance of your vehicle or even cause the driver to lose control.
What To Do When Your Brakes Fail
There are a few situations that are more distressing for drivers than pumping the brakes on your car, only for nothing to happen. It is crucial to avoid panicking, as even in this difficult situation, you may be able to avoid an accident. Taking the following steps can provide you with your best chance of avoiding a collision and coming safely to a full stop:
- Stay Calm. Panicking will not help anyone in this dangerous situation. Do not swerve erratically or put other drivers in danger when you can avoid it.
- Do Not Use the Accelerator. Even if your goal is to continue navigating your vehicle until you can safely come to a stop, increasing your speed is never a good idea and will only prolong the event.
- Downshift. If you are driving a manual vehicle, slowly downshift to a lower gear as you move. This can help lower your speed.
- Steer Toward a Safe Area. You should always be looking for a way to safely come to a stop. This means continue driving with your hazards on until you see a flat space or parking lot where you could conceivably stop without hitting anything.
- Call for Assistance. Notify the police as soon as you come to a halt. You can also arrange for a tow in order to have your vehicle repaired.
Your life and the lives of others have to be your top priority in these situations; if you can avoid any property damage, even better.
Who Can Be Held Liable for a Brake Failure Accident
When we take on cases involving brake failures, one of our primary goals is to determine who was ultimately to blame. This is especially true if that failure caused an accident. The reality is that there could be one or more parties who share in the blame for your crash. Some common examples include:
Negligent Car Owners
When a person owns a vehicle, they have an obligation to keep it in safe, working order. This includes periodically changing their brake pads and addressing any warning signs that the braking system is on the verge of failure. During settlement negotiations, insurers will examine maintenance records and prior complaints to determine whether the driver was negligent in allowing their car’s braking system to deteriorate to this point.
Repair Shops
These accidents do not always involve cars that have been neglected by their owners. Even the best-intentioned motorists can deal with braking system failures if a repair shop is negligent. This might involve failing to replace the pads at all, or incorrectly installing the new pads in a way that will cause them to deteriorate quickly.
Parts Manufacturers
Defective car parts can also trigger product liability claims. If your accident occurred because one of the key parts of your braking system is defective, the manufacturer or parts supplier might be on the hook for your damages.
Commercial Vehicle Owners
Companies that operate fleets of vehicles have a responsibility to ensure they are maintained and inspected. Any failure to do so could leave the company on the hook if an accident happens.
Used Car Dealers
When a vehicle is sold or leased with undisclosed brake issues, dealers or lessors may be liable for negligent misrepresentation. If pre-sale inspections were performed negligently or known safety defects were concealed, injured parties can pursue recovery against the seller.
Shared Fault and Georgia’s Comparative Negligence Rules
Often, more than one party contributes to a brake-related crash. Georgia’s modified comparative negligence law allows for a plaintiff to pursue compensation even if they are partially to blame, just as long as they are not 50% or more at fault. In situations where you share in a minority of the blame, your total compensation will be reduced by that percentage.
Proving Brake Failure Was to Blame for a Crash
Proving that brake failure caused a collision is one of the more complex challenges in a personal injury case. Insurance companies often assume that a crash occurred because the driver wasn’t paying attention, was speeding, or reacted too slowly. To counter this assumption, the injured party must present credible evidence that the vehicle’s braking system malfunctioned and that the failure was the direct cause of the accident. This typically requires a detailed technical investigation, something an experienced Atlanta personal injury lawyer is equipped to handle.
The first step in proving brake failure involves inspecting the vehicle as soon as possible after the crash. A mechanical expert may examine every aspect of the braking system to determine whether it is faulty. If the vehicle is repaired or scrapped before this inspection takes place, key evidence may be lost. This means it is crucial that you seek out the support of an attorney as soon as possible after a crash.
In many cases, maintenance records play a central role. These records can show whether the driver had kept up with inspections, whether any recent repairs were performed correctly, and whether a known issue had gone unresolved. Commercial vehicles are more likely to have these types of records available, especially 18-wheelers.
In crashes involving newer vehicles, electronic data from the car’s event data recorder may reveal details about how the braking system was used. These computers can track when the brake is applied, how fast the car was going at the time, and what system alerts were sent along the way. This data can support a claim that the driver did attempt to brake, but the system failed to respond appropriately. It can also show whether a warning light was active before the crash, which could be evidence that the driver ignored the problem until it was too late.
Finally, many attorneys use expert testimony to explain to a jury how the failure occurred. These matters are highly technical, so it can be helpful to have an expert’s guidance to clear up any confusion.
Reach Out to Mabra Law Today To Discuss Your Case
No one should ever have to experience the fear of discovering their brakes no longer work. If you have been in an accident that stemmed from a braking system failure, you may be entitled to financial compensation. While the process of recovering damages through the legal system is rarely easy, you do not have to walk that path alone. The team at Mabra Law can help you with every aspect of your personal injury case. We know how to rely on experts to determine the true cause of your brake failure. Armed with that information, we can identify the responsible parties and hold them accountable for your injuries. If you are ready to get started, contact an Atlanta personal injury lawyer right away for a free consultation.