Sacramento Brake Failure Lawyer

Edward A. Smith

Approximately five percent of all automobile accidents in the United States involve defective brake failure, according to Street Directory. These types of accidents are particularly traumatic because vehicles are often traveling at a fairly high rate of speed when the driver attempts to apply the brakes and they do not work. This creates the conditions for a high-speed collision with another vehicle that could cause extensive, catastrophic personal injuries or death.

Driver of the Other Vehicle May Be Responsible for Your Harms and Losses

There are circumstances where brake failure was not the real culprit of the collision. For example, if you are involved in a rear-end collision or another driver slams into your vehicle at an intersection, the collision may have actually been caused by the carelessness of the other driver. They may not have been paying attention to the road or were texting and driving. Or, they may have been intoxicated or on prescription drugs which slowed their reflexes. If this type of evidence exists, your personal injury claim will likely be against the driver and their auto insurance policy for negligence.

If the other driver tries to raise brake failure as a defense, it is important to keep in mind that the law in every state requires drivers to keep their tires, brakes, and other equipment in properly functioning condition. This means that, even if there is evidence of brake failure, it could be argued that the driver failed to properly maintain their vehicle, which is another basis for a negligence claim.

Mechanical Failure May Mean the Auto Manufacturer is Responsible for Your Harms and Losses

There are other cases where the other driver was operating their vehicle appropriately and judiciously applied their brakes to try and avoid a collision when the brakes failed. This caused their vehicle to collide with your vehicle. In this instance, if it can be shown that the brakes failed as a result of a defect in the vehicle’s brake system, the manufacturer could be held responsible for the collision through a product liability claim.

A product liability claim can be brought against the auto manufacturer and/or all those entities in the marketing chain of the product, including distributors, retailers, and wholesalers. Under California law, a manufacturer, and the entities involved in the marketing chain, of a motor vehicle are held strictly liable if it is proven that their product was defective. Strict liability is a fancy legal term that basically means you do not need to prove negligence to succeed in a defective product injury case. As long as you have sufficient evidence to prove that the brake system in the vehicle was defective and there is a proximate connection between the manufacturer, then your claim will likely succeed.

Your Sacramento personal injury attorney can still raise a negligence claim in your product liability case, but the strict liability portion of your claim will focus exclusively on whether or not the vehicle’s brake system was defective. In other words, it does not matter if the manufacturer exercised a level of reasonable action in manufacturing the system. If it is proven to be defective, the manufacturer can be held liable. Courts in California have embraced this policy by reasoning that companies enjoying tremendous profits from a defective product placed into in the stream of commerce and available to consumers across the country should bear the costs of injuries caused by the defective product.

Pursuing Financial Restitution for Your Harms and Losses

Filing a personal injury or wrongful death lawsuit against a large auto manufacturer can be quite intimidating and overwhelming. It can be especially daunting if you are the one who was seriously injured and you are trying to pick up the pieces of your life after a collision. This is why it makes sense to retain the services of an experienced Sacramento brake failure injury lawyer.

If you retain an attorney and go forward with a personal injury and/or wrongful death claim, there are two types of damages that are typically pursued - economic damages from non-economic damages.

Economic damages include medical bills that you or your family incurred from the accident, medical expenses you can reasonably expect to incur in the future (e.g., rehabilitative expenses), along with lost wages due to time missed from your job.

If you lost a loved one in the accident and are pursuing a wrongful death claim against the auto manufacturer (or driver), then the economic damages that can be pursued include funeral and burial costs and the value of the financial support lost by your loved one’s death.

Noneconomic damages are most commonly referred to as pain and suffering damages. They are those intangible harms and losses that do not easily calculate into a dollar value. For example, what is the price placed on being able to walk? Or the loss of a limb? Pain and suffering damages are meant to compensate you for the trauma, inconvenience, and debilitations associated with the accident.

Do Not Delay - Time Limit for Filing a Personal Injury or Wrongful Death Claim

Every state, including California, places a statutory limit on the amount of time an injured party (or the survivor of a decedent in a death case) has to file a claim in court against the responsible party (i.e. the other driver, auto manufacturer, or both). This time limit is known as the statute of limitations.

In California, the statute of limitations for filing a lawsuit based on a personal injury or wrongful death is two years from the date of the injury or loss, according to California Code of Civil Procedure 335.1. Basically, this means that if you do not file a lawsuit within two years, you will likely be unable to recover any monetary damages for your harms and losses. Do not make this mistake. Take action sooner rather than later.

Speak to a Sacramento Brake Failure Lawyer Today

Do not fight the big auto manufacturers alone. Level the playing field by retaining an experienced and skilled Sacramento personal injury lawyer to represent you and your family. I am here to help.

I’m Ed Smith, a Sacramento Personal Injury Lawyer. If you have suffered injuries in an accident, please call me at (916) 921-6400 for free and friendly advice. I may be reached free of charge by dialing (800) 404-5400.

See some of my client reviews on: Avvo (a lawyer rating service)Yelp and Google Plus.

I belong to the Million Dollar Forum. The forum is reserved for injury lawyers who have obtained case verdicts and settlements in excess of $1 Million.

See some of the Verdicts and Settlements obtained by our injury lawyers.

I am the creator of www.AutoAccident.com.

:sb bw [6/16/17 CS 1129]

Client Reviews
  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely, Alex & Dinah M. ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation. Beverly ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything. Annie T. ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime. Jeremy M. ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone. Shannon D. ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury. David M. ★★★★★