Rear-end car crashes are typically the fault of the following driver. In these types of accidents, a brake failure victim may not be liable for the accident, but liability may fall on various parties that contributed to the defective parts, assembly, or faulty repair of the brake system. Brake failures that cause rear-end accidents may result in significant injuries, costly medical expenses, lost wages, property damages, and emotional suffering.
At Sweeney Merrigan Law, LLP, we have over 100 years of combined experience fiercely advocating for victims involved in rear-end crashes due to brake failures. We handle every vital detail of your case, including negotiating on your behalf with insurance companies and anticipating any obstacles that may impact the potential maximum compensation you are owed. Schedule a complimentary consultation today with one of our rear-end collision attorneys at (774) 341-5778 or fill out our contact form.
Proving Liability in a Brake Failure Accident
Typically, the drivers that cause rear-end accidents are considered to be liable for damages in the collision. However, when a brake failure causes an accident, other parties may be liable for the malfunctioning part.
The following parties may be held responsible for damages associated with the rear-end collision:
- The vehicle manufacturer: If the rear-end collision was the result of defective manufacturing or design, the vehicle manufacturer may be held responsible for damages. Other parties, including the retailer and distributor, may also be liable for damages as well.
- The driver: The owner of the vehicle that experienced brake malfunction may be partially or fully liable for the rear-end accident if they neglected to properly maintain their vehicle.
- Car dealership: Car dealerships may be held responsible for a brake failure accident regardless of whether the dealer was aware of the defective brakes.
- Auto mechanic: A mechanic who inspected the vehicle, including the brake system, may be held responsible for the accident if they neglected to detect or fix the faulty parts or the brake malfunction.
At Sweeney Merrigan Personal Injury Lawyers, we conduct an intensive investigation into the details of the accident to determine what or who contributed to the brake failure. We understand that rear-end accidents may cause significant losses, such as painful injuries, medical expenses, lost wages, property damages, and emotional suffering. Our experienced Boston car accident attorneys fight for the maximum compensation you deserve if a negligent party contributed to your rear-end accident.
Types of Brake Failure Accidents
Even if you are the most careful, observant driver, sometimes unanticipated brake issues occur that may put you and other drivers sharing the road in danger of serious injuries if you are traveling on a congested highway or popular roadway. Despite modern technological advancements, brake failures account for nearly 22% of all rear-related collisions.
Some of the common issues with braking systems include:
- Faulty design
- Electrical malfunction
- Leaking brake fluid
- Defective brake pads
- Brake malfunction
- Manufacturing defect
- Brake light malfunction
- The brake pedal becoming stuck to the floor
- Car pulling in a direction when braking
If you have sustained extensive injuries due to brake failure because of one of these issues, speak with the experienced Boston brake-failure attorneys at Sweeney Merrigan. We will handle all aspects of your cases, from investigating the accident and determining liable parties, managing negotiations with the insurance company, and building a solid case with the valuable evidence and documentation we obtain.
We fight for the maximum, fair compensation you deserve while you focus on recovery.
Common Causes of Brake Failure
There are a variety of contributors to why brakes may malfunction or fail on the roadway. In most cases, these are the following causes that contribute to brake failure in rear-end collisions:
Extreme Wear of Brakes
If you are applying stress and tension to brakes while traveling at high speeds, your brakes will experience a lot of wear. Drivers should get routine inspection and maintenance of their braking pads to ensure they stay in a safe condition. When brakes wear out completely, they need replacement to avoid brake failure accidents.
Overheated Brake Pads
Brakes overheat when you apply tension to them, and the braking system forces fluid throughout the brake line of each wheel and the brake pads create friction to slow the vehicle down or come to a complete stop. This friction often generates heat and can cause overheating when overused. This may require a longer stopping distance to avoid rear-end crashes.
Leaking Brake Fluid
When there is a leak with the braking fluid, this can cause significant issues within the entirety of the braking system. Having the braking fluid working properly is essential because it creates the necessary force when the driver pushes on the brake pedal to slow down.
Brakes Locking Up
Experiencing locked-up brakes can be traumatic. When this happens, the driver may be unable to slow down or stop in active traffic or before colliding with a stationary object or vehicle. Locked-up brakes may indicate a larger issue with the anti-lock braking system.
Rusting in the Braking System
Brakes are prone to rusting if they are exposed to moisture. This can mean that the braking system gradually becomes inefficient and may contribute to a malfunction that leads to a rear-end collision. In order to fix or prevent rust damage, you must get regular maintenance and inspection of your braking system.
Disc Brake Rotor Defect or Malfunction
Sometimes a disc brake rotor may be defective or malfunction despite regular maintenance. When you use the brake pedal, the brake pads produce friction due to the compression against the rotor. This allows for the slowing of the rotation of the wheels and enables the vehicle to come to a gradual stop.
Schedule a Free Consultation With a Brake Failure Attorney in Boston
If you have experienced a devastating auto accident due to brake failure, speak with the experienced brake failure lawyers at Sweeney Merrigan Personal Injury Lawyers. We have recovered tens of millions for rear-end accident victims affected by negligence, and we are dedicated to fighting for the maximum, fair compensation you deserve for the suffering you’ve endured.
Our trusted managing partners, J. Tucker Merrigan and Peter M. Merrigan are well-versed in the legal complexities of these types of accidents and have been recognized for their client-oriented representation. J. Tucker Merrigan has been a co-managing partner of the firm for over a decade and has earned the following accolades for his dedication to car accident victims in Boston: 2018-2021 Rising Star, Super Lawyers; 2015-2021 Top 40; Under 40, National Trial Lawyers.
Co-managing partner, Peter M. Merrigan, has been acknowledged for his work helping victims pursue the maximum compensation they are owed: 2018 Top 40 Under 40, National Trial Lawyers; 2018 Rising Star, Super Lawyers; 2019-2021 Massachusetts “Super Lawyer.”
