Your brakes are probably the most crucial element of your vehicle and when they fail, the outcome can be catastrophic. If your brakes failed, you most likely have various questions running through your mind – What happens when my brakes fail? Can the manufacturer be held responsible for brake failure?
Brake failure can cause your vehicle do speed uncontrollably and prevent you from stopping to avoid an accident. When your brakes fail, it is nearly impossible to avoid a collision with another vehicle or object, putting you and the occupants of the other vehicle at risk. You or your passengers may sustain serious, permanent injuries in a car accident caused by brake failure. Injuries could range from broken bones to traumatic brain injury or paralysis.
There are two types of brake systems, disc brakes and drum brakes. Many vehicles use a combination of both systems. Disc brakes are considered to be more reliable than drum brakes and are less likely to fail.
Sometimes brakes fail to work properly because of poor maintenance. It is important to follow the manufacturer’s guidelines when it comes to your brakes. If you have maintained your brakes and you still experience brake failure, the brakes may be defective.
In 2008, a jury awarded $6 million in a class action lawsuit against Kia Motors America Inc. for claims that its Sephia sedan had defective brakes. The verdict came after a three-week trial before Supreme Court Judge Katherine DuPuis. According to the lawsuit, the Kia Sephia’s brake system did not adequately dissipate heat, which caused the brake pads and rotors to wear down at 10,000 intervals. The plaintiffs were consumers who bought the Kia Sephia between 1997 and 2000. The jury found that Kia breached its express and implied warranty to purchasers of the cars and violated the Magnuson-Moss Warranty Act.
A manufacturer can be held liable for defective brakes and may be required to pay you monetary damages for your injuries, such as pain and suffering, medical expenses, lost income, mental anguish and other expenses associated with your injuries. If you have been injured in a car accident caused by brake failure, you should contact an experienced Florida defective products attorney who can help you with your case. The defective products lawyers at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 will review the facts of your case to build a strong argument on your behalf. Call our office today for a legal consultation.