Brake Failure

How Brake Failure Affects Liability in a Car Accident

California law requires automobiles to have brakes that can hold the vehicle in place. The California Vehicle Code also requires the vehicle driver or owner to maintain the brakes. Unfortunately, brake systems sometimes fail, and the reason for the brake failure is particularly important in determining whether or not the driver can be held liable for a car accident stemming from brake failure.

If you experienced a car accident caused by brake failure, call car accident attorney Jin Kim for a free consultation. She can explain how brake failure in your particular case affects your ability to hold the other party liable. 

Brake Requirements

Different types of vehicles require different brake systems. For example, the requirement for the brake system of an ordinary SUV is different from the braking requirement of a ten-wheeler truck. In an accident involving brake failure, it’s equally important to note the make and model of the vehicles in question; it will help determine whether they possess the correct brake system. 

California law, however, provides basic requirements that can apply to all vehicles. For example, the law requires that all vehicles have a well-maintained brake system and keep the brake system in good working order. This requirement is non-delegable. Even if another party such as a mechanic was negligent in inspecting or maintaining the brake system, the car owner is liable if the brake system fails and causes a car accident.

Another example of a basic requirement under the law is that the brake system’s efficiency must be such that the vehicle can stop from a speed of 20 miles per hour at a certain distance depending on the type of vehicle.


How I Can Help You

I help clients secure financial compensation for their injuries. Specifically, I help injured clients recover compensation from insurance companies, negligent drivers, and other liable parties.

The first step to financial recovery is a free consultation. Call my office at (916) 270-6880 Monday – Saturday from 8 AM to 6 PM to learn more about your personal injury rights and damages.

Effect of Brake Failure

The presence of brake failure may exonerate a driver from liability, but only if specific requirements are met. For one, the driver must not know about the defect in the brake system. Likewise, the driver must not have used the car in such a way that contributed to the failure of the brake system. The brakes must also have undergone maintenance for a reasonable period before the accident happened. In addition, there must have been no signs of the defect during maintenance.

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