Brake failure can make it difficult or impossible for a driver to slow down in time to avoid a collision. When that happens, determining responsibility may require more than deciding which vehicle struck the other.
Depending on why the brakes failed, responsibility may rest with the driver or vehicle owner, a repair shop, a parts manufacturer, the vehicle manufacturer, or another party — and more than one party may share responsibility. A Lincoln auto accident attorney may examine maintenance records, damaged brake components, recall information, electronic vehicle data, photographs, and other evidence to determine what caused the failure and who may be legally responsible.
Key takeaways
Not necessarily. A driver may still be responsible if the evidence shows they knew — or reasonably should have known — that the brakes needed attention. Warning signs can include:
Continuing to drive after noticing a serious braking problem may support an argument that the driver failed to use reasonable care, so the owner’s maintenance history and response to earlier warnings may become important. The outcome may differ when the failure occurred suddenly, without a warning a reasonable driver could have recognized — there, investigators may examine whether the problem resulted from a defective component or negligent repair.
The cause of the mechanical failure generally determines which parties to investigate.
The driver or vehicle owner. Drivers and owners are generally responsible for keeping vehicles reasonably safe to operate. Liability may be disputed when an owner ignored known brake problems, kept driving after a mechanic recommended repairs, failed to perform necessary maintenance, installed an unsuitable part, made an improper DIY repair, or let someone use a vehicle known to be unsafe. A driver may also share responsibility for speeding, following too closely, distraction, or failing to react reasonably after noticing a problem — brake failure doesn’t eliminate the importance of the driver’s actions.
A repair shop or mechanic. A repair facility may be responsible if negligent inspection or repair contributed to the failure — for example, installing components incorrectly, failing to tighten or reconnect a component, using an incompatible part, missing an apparent brake-fluid leak, damaging a brake line during other work, telling the owner the vehicle was safe when it wasn’t, or failing to perform work that was billed as completed. The work order, inspection notes, invoices, customer communications, and the condition of removed components may show what was requested and actually performed. A poor outcome alone doesn’t establish negligence; the evidence must connect the shop’s conduct to the failure and crash.
The vehicle or brake-part manufacturer. A manufacturer may be investigated when a brake system or component was defective — a manufacturing defect, unsafe design, defective brake hoses, calipers, rotors, master cylinders, or electronic components, inadequate instructions or warnings, a software or electronic braking-system malfunction, or a known problem that led to a recall. These cases usually require technical analysis. A recall may be relevant but doesn’t automatically prove the recalled condition caused a particular crash, and the absence of a recall doesn’t rule out a defect. NHTSA lets consumers search for recalls by VIN, license plate, or vehicle information, and its database also provides information about certain investigations, consumer complaints, and manufacturer communications.
A parts seller or dealership. A dealership, distributor, or parts seller may become relevant if it supplied an incorrect, defective, altered, or improperly installed component. But a seller isn’t automatically responsible just because it handled or sold the product — responsibility depends on its conduct, its role in the transaction, the legal theory, and Nebraska product-liability law.
An employer or commercial vehicle company. When the vehicle was used for work, an employer, fleet owner, or commercial operator may need to be investigated — for example, whether the company was responsible for maintenance, failed to complete required inspections, ignored driver reports, kept operating a vehicle taken out of service, pressured an employee to use an unsafe vehicle, or hired an unqualified maintenance provider. Commercial vehicles may generate additional maintenance, inspection, and operational records not usually available in a personal-vehicle case.
A brake-failure allegation should be supported by physical or documentary evidence when possible — simply saying the brakes stopped working may not establish the cause. Important evidence may include:
An automotive engineer, mechanic, accident-reconstruction professional, or another specialist may need to inspect the vehicle and explain whether the failure resulted from wear, improper maintenance, defective design, defective manufacturing, or an incorrect repair.
A damaged vehicle may be the most important evidence in a brake-failure claim — repairing, dismantling, selling, or destroying it before the braking system is inspected can make it difficult to determine what happened. Consider:
These steps don’t establish that a claim exists — they help preserve information needed to evaluate the cause of the failure.
A brake-failure accident may involve several contributing factors — a defective component may have reduced braking performance while a driver’s speed or following distance also contributed. Under Neb. Rev. Stat. § 25-21,185.09, an injured claimant’s recovery may be reduced in proportion to their own negligence, and recovery is barred when the claimant’s negligence is equal to or greater than the total negligence of the parties they’re recovering from. Nebraska also has rules addressing how damages may be allocated among multiple defendants, and their application can depend on the type of damages, the parties’ conduct, and the claims presented. Because these cases can combine driver negligence, repair negligence, and product-liability issues, responsibility must be evaluated on the specific evidence rather than assumptions about the type of collision.
When another party’s conduct causes a brake-failure accident, the injured person’s claim may involve reasonable and necessary medical expenses, future medical treatment, lost income, reduced earning capacity, vehicle and other property damage, physical pain, emotional distress, and disability or reduced ability to perform ordinary activities. The losses available depend on the injuries, supporting records, applicable law, insurance coverage, and other facts, and documentation from medical providers and employers may be needed to establish how the collision affected the injured person.
Nebraska generally provides a four-year limitations period for many tort claims involving injury to a person’s rights under Neb. Rev. Stat. § 25-207. Product-liability claims are subject to separate provisions: Neb. Rev. Stat. § 25-224 generally provides a four-year limitations period for product-liability actions and also contains statutes of repose, and the repose period may depend on where the product was manufactured and when it was first sold or leased. Other deadlines or procedural requirements may apply when the accident involves a government vehicle, a minor, a death, an out-of-state manufacturer, or another unusual circumstance. These rules can be complex, and the deadline for one potential defendant may differ from another’s — so have the particular facts reviewed promptly rather than relying only on a general limitations period.
What should I do if my brakes fail while I’m driving? Try to stay calm, ease off the accelerator, activate the hazard lights, and steer away from traffic when possible. Gradually downshift to a lower gear and carefully apply the parking brake rather than pulling it abruptly. The appropriate response can depend on the vehicle, road, traffic, and weather. Afterward, have the vehicle towed instead of driving it; if a crash occurred, seek medical attention when needed and preserve the vehicle for inspection.
Does a brake recall prove the manufacturer caused the accident? No. A recall may help identify a known safety issue, but additional evidence is ordinarily needed to connect that issue to the failure and collision. The VIN, recall-repair history, damaged components, and expert inspection may all matter.
Can a mechanic be responsible even if the brakes failed weeks later? Possibly. The time between the repair and the failure is one factor but doesn’t decide the issue. Investigators may examine the type of work performed, the vehicle’s use afterward, later maintenance, and whether the alleged repair error caused the failure.
What if the other driver claims the brakes failed but provides no proof? The statement may be investigated, but it doesn’t automatically excuse the driver. Maintenance records, mechanical inspections, vehicle data, witness statements, and physical evidence may help determine whether a failure occurred and whether it could have been prevented.
Should a brake problem be reported to NHTSA? A consumer who believes a vehicle or component has a safety defect may submit a report to NHTSA, which reviews consumer complaints when evaluating possible defects. Filing a report doesn’t replace an insurance claim or legal action and doesn’t determine who is legally responsible for a particular accident.
A car accident involving suspected brake failure may raise questions about whether the driver, vehicle owner, repair facility, parts supplier, manufacturer, or another party may be responsible. Determining what happened may require looking beyond the collision itself to identify the mechanical problem and whether it could have been prevented.
Reviewing these issues may involve examining the vehicle and damaged brake components, maintenance records, repair invoices, recall information, manufacturer communications, photographs, electronic vehicle data, witness statements, and correspondence with insurers or repair facilities. Preserving the vehicle and its components may help clarify why the brakes failed and which parties should be investigated.
If you were injured in a Lincoln car accident involving possible brake failure, Inkelaar Law can help you understand the factors that may affect your claim. The firm can also discuss available insurance coverage, potentially responsible parties, evidence that may need to be preserved, and the legal deadlines that may apply.
You may contact Inkelaar Law to request a free consultation.
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Disclaimer: The information in this article is intended for general educational and informational purposes only. It is not legal advice and should not be interpreted as legal advice for any specific situation. Reading this content does not establish an attorney–client relationship. If you have questions about your circumstances or need guidance on a legal matter, consider consulting with a licensed attorney in your state.
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