Brake Malfunction

Knoxville Car Accident Lawyer

Brake malfunctions can cause a motorist to lose control and collide with another vehicle, structure, or bystanders. Knoxville car accident attorney Mark C. Hartsoe can help you if you were hurt in an accident caused by a brake malfunction. With over 25 years of experience, Mr. Hartsoe can give you the legal guidance and representation you need to fight for your rights in a car accident case. If you were injured in a car wreck due to faulty brakes, contact us today to see how we can help you.

Brake Malfunction in Car Accidents

Safe and effective brakes can prevent car accidents, but when a brake malfunctions, the results can be catastrophic. Millions of cars are recalled each year due to faulty brakes. Many are prompted by consumer complaints and investigations by the National Highway Traffic Safety Administration. By the time an investigation is launched or recall takes place, however, it is too late for some car accident victims.

Brake malfunctions can range from defects in design or manufacture to improper maintenance and repair. Examples of brake malfunctions include:

  • Anti-lock system failure or malfunction, such as software settings that lead to longer-than-expected stopping distances
  • Hard brake pedals which increase required braking effort
  • Fluid build-up in the braking system
  • Brake line rupture

Brake malfunctions are particularly dangerous when larger vehicles are involved, such as sport utility vehicles and vans. Because of their weight and size, these vehicles are more likely to cause accidents that result in severe injuries to anyone involved.

Liability for Brake Malfunctions

A brake malfunction can be the result of a poor design, faulty manufacture, or improper repair. If brakes fail and cause an accident, Tennessee law allows the victim to seek damages.

A car accident victim can recover in a products liability action under various theories of liability. There may be several at-fault parties, and a different theory may apply based on the source of the malfunction. A brake malfunction may be the result of a defective design or manufacture, in which case the car or brake manufacturer may be liable. In a strict liability claim, the car or brake manufacturer can be held liable for the defective brake regardless of how careful it was in the design or production of the brake. In order to succeed against a manufacturer in Tennessee under this theory, a victim has to show that the brake was defective or dangerous when it left the manufacturer’s control, and that the defect caused the victim’s injuries.

A brake may also fail due to someone else’s negligence. If, for example, the brakes were improperly repaired, the victim may recover from the negligent mechanic. The victim would have to show that:

  • He or she was owed a duty of care;
  • The defendant breached that duty;
  • The breach caused the victim’s injuries; and
  • The victim suffered damages.

Since several parties may be responsible for a brake malfunction, it is important to speak with an attorney knowledgeable in car accident cases to ensure that your claim is fully investigated and all the liable parties are identified.

Compensation for the Harm You Have Suffered

If a brake malfunction caused a car accident, and you were hurt as a result, you can seek compensation for your injuries from the at-fault parties. You can potentially recover for your medical bills, hospital stay, rehabilitative care, property damage, and pain and suffering. If your loved one succumbed to injuries in a car accident caused by a brake malfunction, you can file a wrongful death suit. You can recover amounts including your relative’s medical expenses, funeral and burial bills, and loss of consortium.

Fighting for Your Rights

Knoxville personal injury lawyer Mark C. Hartsoe is committed to providing his clients with the legal representation they need to recover for their injuries. Mr. Hartsoe will investigate your case, consult with experts, review your medical records, and provide you with the comprehensive legal guidance you need. Contact us today at 865-804-1011 or online for a free, no-obligation consultation.

Client Reviews
I was on my way to Atlanta and a huge truck rear-ended me and knocked me off the side of the road. I was scared. Didn’t know what to do. I tried working with the insurance company. They are just difficult to work with. I had to call somebody to take care of me. So, My brother told me to call Mark Hartsoe. As soon as I called Mark Hartsoe, he let me know real quick that everything was going to be okay and that he would take care of everything. And, he did. He got me a great settlement. He took the worry off of me. Mickey Anderson
I was hit coming home late at night by a drunk driver who took off. And the next day I was able to track down his vehicle and get the state police involved. At that point, a family friend recommended that I talk to Mark Hartsoe. Pretty much at that point, Mark handled the police, the insurance company and the guy who hit me. Settled with the actual person that hit me. Outside of that, everything came out great. Did not have to go to court. Got a great settlement. Got my car replaced. Got a check. Mark Hartsoe is my lawyer. Nate Holder
I was involved in a motorcycle accident. It was a head-on collision. I broke my arm, injured by knee. I was out of work for a long time and had medical bills, other expenses. A personal friend handed me a card for Mark Hartsoe. I called Mark Hartsoe from the side of the road and he took care of everything. My case was settled out of court. I received a great settlement. Bike was totaled, motorcycle was replaced. It was easy, painless. About as painless as something like this can be. This is why my lawyer is Mark Hartsoe. John Lusinger
I wanted to thank you for the excellent representation and your ability to handle the situation so well with such compassion and strength. We appreciate all of your help, concern and for answering my many questions. It has been a difficult road to travel but when we come across people like you, it really helps to lighten the load. We just wanted you to know how much we appreciate what you’ve done and your ability to handle the situation so well. S. Carter
Thank you so much for all the work you did on our case. We received more than we expected. You were great through the whole time from the first meeting until the last. Thank you so very much. Sam & Judy Kachar