Florida Car Accident Lawyers

Brake failures are among the most dangerous vehicle defects, often resulting in catastrophic crashes, severe injuries, and wrongful death. At Clark, Fountain, Littky‑Rubin & Whitman, our defective brake system lawyers bring over 200 years of combined experience and a record of more than $1 billion in verdicts and settlements to hold manufacturers, suppliers, and service providers accountable for these preventable tragedies.

Whether caused by a defective master cylinder, a software glitch in an Anti‑Lock Braking System (ABS), or a failed Electric Park Brake (EPB), our team has the technical knowledge and legal experience to pursue justice for those harmed by unsafe braking systems.

What Is a Defective Brake System?

A brake system is defective when it fails to perform safely under normal operating conditions due to design flaws, manufacturing errors, or inadequate warnings. Our firm builds cases by proving:

• A duty existed to design, manufacture, and maintain a safe braking system.
• That duty was breached through negligence, defective design, or production errors.
• The breach caused injury, death, or property damage.
• Victims suffered measurable losses, such as medical expenses, lost income, or funeral costs.

We collaborate with leading automotive engineers, accident reconstructionists, and materials experts to identify and prove the precise cause of brake system failures.

Types of Brake Defects

Brake systems are complex, integrating mechanical, hydraulic, and electronic components. A failure in any one of these can have devastating consequences.

Hydraulic Brake Failures

Traditional braking systems are prone to:

• Master Cylinder Failures: Internal bypassing or fluid leaks reducing braking pressure.
• Brake Line and Hose Ruptures: Material degradation or improper routing leading to sudden loss of braking ability.
• Caliper and Wheel Cylinder Malfunctions: Seized pistons or defective seals causing uneven or inadequate braking.
• Pad and Rotor Defects: Premature wear, cracking, or delamination leading to reduced stopping power.

Anti‑Lock Braking System (ABS) and Electronic Stability Control (ESC) Defects

Defects in ABS or ESC can compromise vehicle stability and stopping ability. Common failures include:

• Sensor Malfunctions: Incorrect or missing wheel speed data disrupting brake modulation.
• Hydraulic Control Unit Failures: Faulty valves or pump motors reducing brake performance.
• Software Errors: Improper pressure modulation or unintended activation caused by programming flaws.

Electric Park Brake (EPB) System Failures

EPB systems replace traditional handbrakes with electronically controlled actuators. They provide enhanced safety and integration with advanced driver‑assistance systems but introduce new risks when defective:

• Actuator Motor Malfunctions: Failure to generate enough force to hold a parked vehicle securely.
• ECU Failures: Software bugs or communication errors that disable the system.
• Wiring Harness Issues: Corrosion or short circuits interfering with system function.
• Inadequate Holding Force: Design flaws allowing rollaway accidents on inclines.

Brake‑by‑Wire System Failures

Brake‑by‑wire technology eliminates traditional hydraulic components in favor of fully electronic braking. When these systems fail, redundancy and safety become critical:

• Redundancy Failures: Lack of backup systems in case of primary component failure.
• ECU Malfunctions: Hardware or software issues that prevent proper braking commands.
• Sensor Integrity Problems: Corrupted or inaccurate input data affecting braking performance.

Components Frequently Involved in Defective Brake Cases

• Brake pads, rotors, and calipers
• Master cylinders and brake lines
• ABS/ESC modules
• EPB actuators
• ECUs and wiring harnesses

Steps to Protect Your Case

If you suspect a defective brake caused your crash, act quickly to preserve evidence:

• Do not repair or dispose of the vehicle. It must be preserved for inspection.
• Secure the Event Data Recorder (EDR). This “black box” captures braking data before and during the crash.
• Document everything. Take photos of the vehicle, accident scene, and visible damage.
• Gather records. Keep all maintenance receipts, repair orders, and recall notices.
• Contact a product liability lawyer immediately. Early action ensures critical evidence is preserved and deadlines are met.

Who Can Be Held Liable?

Defective brake cases often involve multiple responsible parties, including:

• Automobile Manufacturers: For defective designs or unsafe system integration.
• Component Manufacturers: For faulty parts, such as ABS modules or EPB actuators.
• Dealerships and Service Centers: For negligent installation, maintenance, or repairs.

We also pursue claims under the Federal Tort Claims Act (FTCA) when government‑owned vehicles or agencies are responsible for defects or failures.

Our Investigative Process

We take a comprehensive approach to uncovering the root cause of brake failures:

• Vehicle Inspections: Examining components for defects, improper assembly, or wear patterns.
• Event Data Recorder (EDR) Analysis: Extracting “black box” data to understand brake application and vehicle dynamics at the time of the crash.
• Accident Reconstruction: Using advanced modeling to establish how the defect caused the crash.
• Reviewing Recalls and Technical Bulletins: Identifying known defects and prior manufacturer warnings.

Types of Catastrophic Injuries From Brake Failures

When brake systems fail, the resulting crashes often lead to life‑altering injuries, including:

• Traumatic brain injuries
• Spinal cord damage and paralysis
• Complex fractures and amputations
• Internal organ trauma
• Wrongful death

Damages You Can Recover

We fight for compensation covering:

• Medical expenses, rehabilitation, and long‑term care
• Lost wages and diminished earning capacity
• Pain and suffering and emotional distress
• Property damage
• Funeral costs in wrongful death cases
• Punitive damages in cases involving gross negligence or willful misconduct

Statutes of Limitations

Defective brake claims are subject to strict filing deadlines. In Florida, most product liability cases must be filed within two years of the injury or death. Claims against government entities have even shorter timelines under the FTCA.

Prompt consultation is critical to protect your rights.

Why Choose Clark, Fountain, Littky‑Rubin & Whitman?

• Over 200 years of combined legal experience in complex product liability litigation
• A track record of more than $1 billion recovered for clients nationwide
• Collaboration with leading automotive engineers and accident reconstruction experts
• Contingency fee representation — you pay no fees unless we recover for you

Start Your Free Consultation Today

If you or a loved one were injured in a crash caused by a defective brake system, do not allow the vehicle to be repaired or destroyed. Preserving evidence is critical.

Call Clark, Fountain, Littky‑Rubin & Whitman at 561‑899‑2100 or contact us online for a free consultation.

Frequently Asked Questions

1. What should I do immediately after an accident caused by brake failure?
   Seek medical attention, document the scene, and preserve the vehicle. Do not authorize repairs or disposal.
2. How can I prove my brakes were defective?
   Through forensic inspections, expert analysis, and Event Data Recorder (EDR) data showing brake performance before and during the crash.
3. Can I sue if a supplier made the defective brake part?
   Yes. Both the vehicle manufacturer and the component supplier may be liable.
4. How does the vehicle’s “black box” help my case?
   It records data on speed, brake application, and system activity, helping reconstruct how the defect contributed to the crash.
5. What is the deadline for filing a defective brake lawsuit?
   In Florida, typically two years, though claims involving government entities can have shorter deadlines.
6. What compensation can I recover?
   Medical bills, lost income, pain and suffering, property damage, and, in some cases, punitive damages.
7. Will my case settle or go to trial?
   Many cases settle, but we prepare every case as if it will go to trial.
8. Does a recall strengthen my case?
   Yes. A recall is strong evidence of a defect, but a claim can still succeed even without one.
9. Are these cases expensive to pursue?
   They require expert analysis, but we handle them on a contingency basis — no fees unless we win.
10. How do Electric Park Brake (EPB) defects differ from traditional failures?
    EPB defects often involve software or electronic failures in addition to mechanical issues, requiring specialized forensic analysis.