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Brake Failure: Who's Fault is That?

Posted on: March 3, 2017 by Edwards & Patterson Law

brake failure

It is imperative that all motor vehicles have brake systems that operate properly for basic safety. Brake failure can cause catastrophic automobile accidents. According to the National Highway Traffic Safety Administration, United States Department of Transportation, 22% of automobile crashes are directly attributed to brake failure. When brakes fail, who is at fault?

Brake Failure Issues

When brakes suddenly cease to function properly, or cease to function at all, this could be an issue with the brake system design. A significant design flaw could make brake failure more likely over time. There is also the possibility that these design flaws cause the brakes to not operate at they should, thereby making stopping times and distances longer. Just a few extra feet of distance needed to stop a moving vehicle can contribute to a serious accident. If a design flaw in the vehicle is responsible for causing an accident that contributes to personal injuries, the automobile manufacturer can be held accountable. After all, it was their design error that placed motorists in harm’s way and caused personal injuries or property damage.

Brake Maintenance

Catastrophic brake failure may not be caused by design flaws, but by poor maintenance. When you have your motor vehicle serviced, you have the right to expect quality service that keeps you safe on the roadways. Poor or negligent service on your brake system is a serious breach of good faith between the service provider and their client that can contribute to a serious accident and personal injury, and even death. If service providers or related parties are found to be negligent or incompetent, they can be held accountable for problems they cause, including accidents and personal injuries.

How Do You Determine Who is at Fault?

If the negligence of an automobile manufacturer or auto service provider contributed to an accident that caused you personal injury, Oklahoma law may allow you to recover compensation from the party or parties determined to be at fault. However, determining who is at fault in a case of brake failure is not easily accomplished. A great deal of research and investigation is necessary to determine who or what is at fault. That is why if you have been involved in an automobile accident caused by brake failure, it is vital to speak to a competent attorney as soon as possible. They can be your advocate and hold negligent or incompetent parties accountable for injuries or accidents for which they may be responsible.


If you have been involved in a serious auto accident resulting from brake failure in McAlester, Tulsa or anywhere in Eastern Oklahoma, contact the experienced attorneys at Edwards & Patterson Law. We offer free case evaluations with no strings attached. Call us today at 877-403-8417 or contact us online for a consultation. You pay no attorney fees unless you recover monetary damages.

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  • Contact Edwards & Patterson Law Firm today for a free consultation.
  • Contact Edwards & Patterson Law Firm today for a free consultation.
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