Brake Failure Lawyer – Auto Product Liability

brake failure auto product liability

Legal Representation For Victims Injured By Brake Failure

Free Consultations – Available 24/7

The brake system of a vehicle is, perhaps, one of the most important safety aspects involved in keeping drivers and loved ones safe while on the road. Being able to stop safely, and quickly at a moment’s notice can protect drivers from accidents that result in very serious injury. Failing brakes often go unnoticed until it’s too late, and a crash occurs. If you were injured due to brake failure, contact our law firm as soon as possible.

Brake systems in cars are extremely complex, involving parts such as discs, rotors, calipers, and hydraulic lines – all of which must work together properly in order for the brakes to function and stop the vehicle safely. Unfortunately, there are numerous vehicle recalls each year for defective car parts, including flawed brake systems.

Manufacturers and the National Highway Transportation Safety Association (NHTSA) often send out vehicle and equipment recalls associated with improper design elements and defective operation, sometimes long after problems have been spotted and injuries or death have already occurred as a result.

Holding designers, manufacturers, and distributors accountable for negligent mistakes that affect the everyday lives of consumers is of utmost importance as you contact an experienced product liability attorneys.

If brake failure led to your injury or the death of a loved one, contact our team of highly-skilled auto product liability attorneys at The Carlson Law Firm. We have over 40 years of experience protecting injured victims and their family and have the resources necessary to take on large auto manufacturers. We offer free consultations, and are available 24 hours a day, 7 days a week. Call today to discuss your brake failure lawsuit.

Common Brake Failure Defects

There are many different reasons why a car’s brake system may fail, from poor design to installation and negligent repairs from a mechanic.

Below are some of the most common brake defects:

  • Clogged or leaky brake lines
  • Broken or faulty hydraulic system
  • Weak brake pads or shoes
  • Anti-lock brake system failure

How Can Defective Brakes Cause Car Accidents?

Defective brakes can cause a number of different types of car accidents including:

  • Brakes can fail and prevent the vehicle from coming to a complete stop. These types of accidents can range from hitting a stationary object to rear-ending another vehicle on the highway.
  • Brakes that are defective can cause cars to roll over as a result of the vehicle being pulled to one side of the road.
  • Brakes can cause a vehicle to come to a complete stop when the driver of the car did not intend for the car to stop.

Signs of Brake Failure

Maintaining a vehicle that is safe for family, friends and loved ones is an important aspect of owning and operating a vehicle. Staying informed about recalls regarding failed vehicle equipment is imperative to preventing accompanying injury and maintaining a safe car. Drivers should pay close attention to notifications about their specific vehicle.

It is normal for brakes to suffer wear and tear. This means that parts will need to be replaced over time. However, it is not normal for an owner of a car to have to replace brake pads once a month.

In other words, when determining if brakes are defective you should consider whether you are having to constantly replace some part of the brake system such as the brake pads or hydraulic line.

It is also important to keep up to date about possible recalls. If a manufacturer recalls a car due to defective brakes, it is important that you listen to the recall.

Signs of brake failure include:

  • Difficulty stopping
  • Unusual noises coming from brakes, including grinding, squealing or clicking
  • Pulling to one side
  • Acceleration dragging
  • Anti-lock brake light for ABS lit
  • Firm brake pedal
  • Low brake pedal pressure
  • Spongy brakes
  • Brake pedal vibration

Brake failure injuries and death can occur for a variety of reasons. Manufacturers may suspect problems with vehicle braking systems, long before they issue a recall or the NHTSA receives customer complaints.

Common Brake Failure Accident Injuries

As is the case with all categories of auto accidents, the injuries commonly sustained in brake failure crashes can be extraordinarily serious. The impact of accidents such as these can be devastating to victims, both physically as well as emotionally. Injury types frequently seen following a brake failure incident include:

  • Spinal cord damage/partial or total paralysis
  • Traumatic brain injury
  • Lacerations
  • Burns
  • Bone fractures
  • Damage to internal organs
  • Permanent disfigurement
  • Post-traumatic stress disorder

Who is Liable for Defective Brakes in a Brake Failure Lawsuit?

If you have been involved in an auto accident caused by defective brakes, you may be wondering who is responsible for your injury.

If someone was injured because of a defective brake system, they can use a products liability cause of action to seek compensation for their injuries. The products liability cause of action is in place to help assure that individuals who have been injured by defective products have a way to recover their damages that were the result of a defective product.

There are many different parties that can be responsible for defective brakes. Possible responsible parties include:

  • Manufacturer (this can include the vehicle manufacturer and the manufacturer that made the defective part)
  • Car dealership (including the used car dealership)
  • The shipper
  • Anyone else that was in the line of distribution from the manufacture to the purchaser
  • Car mechanic or another professional that installed the brake system

Brake Failure Recall List

  • 2010-2011 Dodge Ram Truck- Power steering defect leads to brake pedals that are slow to return after application, causing risk of collision.
  • 2010 Chrysler Seabring, Dodge Avenger, Dodge Nitro, Jeep Liberty, Jeep Commander and Jeep Grand Cherokee- Defective brake component causes sudden and unexpected brake failure. This is part of a 24,000 vehicle recall by Chrysler.
  • 2010 Dodge Nitro, Dodge Ram, Jeep Liberty and Jeep Wrangler- Defective brake tube causes loss of brake fluid, making it difficult to brake and posing threat of crash.
  • 2009-2010 Dodge Ram Trucks- Defective brake component causes sudden and unexpected brake failure. This is part of a 24,000 vehicle recall by Chrysler.
  • 2009 Buick enclave, Chevrolet Cobalt, HHR, Malibu, Traverse, GMC Acadia, Pontiac G5 and G6 and Saturn Aura and Outlook- 277,000 vehicles have been recalled due to a defect in the shift lever that cause the vehicle to roll away unexpectedly.
  • 2008-2010 Nissan Titan, Armada, Quest and Infiniti QX56 Vehicle- Defective brake pedal pins cause braking failure and potential collision.
  • 2007-2008 Honda Odyssey Minivan and Element Truck- Braking system defect causing vehicle to be difficult to stop.
  • 2007-2008 Nissan Sentra- Defective brake cylinder may cause brake failure
  • 2007 Chevrolet Kodiak, T-Series, and H-Series Passenger Vehicles- Defective air compressor does not build enough air pressure to support brake system.
  • 2007 Chrysler Sebring and Chrysler 300- Faulty brake system computer causes loss of anti-lock brakes and traction control.
  • 2007 Dodge Nitro, Dodge Magnum, Dodge Charger and Dodge Caliber- Faulty brake system computer causes loss of antilock brakes and traction control.
  • 2007 Jeep Commander, Jeep Compass, Jeep Grand Cherokee, Jeep Liberty and Jeep Wrangler- Faulty brake system computer causes loss of antilock brakes and traction control.
  • 2007 Jeep Wrangler and Dodge Nitro- Defect in braking system causes delay in braking when drivers try to come to a stop after coasting uphill.
  • 2006-2007 Jeep grand Cherokee and Commander SUV- Defect in braking system causes delay in braking when drivers come to a stop after coating up a hill.
  • 2006-2007 Pontiac Solstice- Defective seal on rear axle pinion leaks fluid, causing loss of control.
  • 2005-2006 Ford F-150 Pickup- Defective hose in brake system causes loss of braking ability.
  • 2005-2006 Lincoln Mark LT Pickup- Defective hose in brake system causes loss of braking ability
  • 2004-2006 Chevrolet Colorado and GMC Canyon Pickups- Defective component in brake lights may cause them to stop working or stay on.
  • 2004-2005 Chevrolet Suburban and Silverado- Defective pressure and accumulator in braking system cracks during use, causing difficulty in braking and steering.
  • 2004-2005 GMC Yukon XL- Defective pressure accumulator in braking system cracks during use, causing difficulty in braking and steering.
  • 2004-2005 Hummer H2- Defective pressure and accumulator in braking system cracks during use, causing difficulty in braking and steering.
  • 2004-2005 Mitsubishi Endeavor SUV- Defective parking brake does not work properly and can fail on a slope.
  • 2003 Mercedes-Benz C, CLK and E class models- Defective brake caliper causing brake failure an possible blowout.
  • 2003 Nissan Altima and Sentra- Defective sensor fails, causing vehicle to stop unexpectedly.
  • 2002-2003 Nissan Infinity FX35 and F45 SUV- Defective brake caliper causes brake failure and possible blowout.
  • 2001-2004 Ford Escape SUV Defect in antilock braking system causes fires
  • 2001-2004 Mercedes T Model- Defective Sensotronic brake control system
  • 200-2003 Ford Taurus and Sable- Defective brake lamps leading to numerous collisions
  • 1999-2003 BMW X5 SUV- Defective brake hose comes loose causing damage and possible collision and loss of braking.
  • 1998-2002 Volkswagen Jetta and Beetle- Improper installation of brake light switch causes brake lights to either fail to function of fail to turn off. This defect has caused two separate recalls
  • Cadillac SRX SUV- Defective antilock braking system
  • Ford F-150 Pickup- Defective warning lights for anti-lock brake system
  • Infinity G35- Brake defect causes loss of braking
  • Lincoln Mark L-T Truck- Defective warning light for anti-lock brake system

Our Carlson Law Firm Brake Failure Expert

Brantley White 

Brantley White

Brantley White is an “AV” rated lawyer in the Martindale-Hubbell legal directory. He focuses his practice on defective tire litigation, automotive product liability, commercial truck wrecks,  and general negligence cases including workplace accidents and premises liability cases. Brantley’s trial experience spans two decades and includes numerous seven and eight figure verdicts in both general negligence cases and product liability cases.

Brantley has successfully resolved many cases against Ford Motor Company, General Motors and Chrysler by meticulously gathering evidence to prove the availability of  safer alternative designs including the following: stronger roofs (reinforced roof pillars), improving vehicle stability (by managing vehicle height to width ratios to prevent rollovers), preventing post-collision fuel fed fires (fuel line cut-off valves and safer fuel tank placement) and the inclusion of safer vehicle restraint systems (improved seat belt design and airbag sensors). Brantley’s success in multiple areas of automotive and tire product liability cases has resulted in his “AV” rating and national reputation and many lawyers associate him on their cases to maximize case value. Brantley has successfully recovered in excess of $250,000,000 in settlements and verdicts for his clients from lawsuits alleging defects in automobiles, tires, and vehicle child restraints.

His representative experience includes one of the largest personal injury verdicts in Waco Federal Court history on behalf of a motorcyclist who was severely injured after being struck by a tractor-trailer; a substantial verdict for the family of a Laredo man killed by a Burlington Motor Carriers tractor-trailer as well as the largest single injury tire product liability verdict in Texas for an individual injured by a defective BF Goodrich tire.

Mr. White’s knowledge in litigating and trying cases involving dangerous premises defects and activities has resulted in settlements exceeding $50,000,000 and the following 7-figure premises liability jury trial verdicts: Samaniego v. Garrett Paving, Nueces County TX (negligent supervision of work site; Weiss v. Rough Creek Lodge, Dallas County TX (dangerous condition on property); Hines v. Railserve Inc., Fulton County GA (negligent supervision of employees).


Back to Top