Brake or Steering System Failure Claims
Experiencing brake or steering system failure in your vehicle is rare, but it does happen. In a split second, the driver loses control, endangering not only the occupants but also everyone else on the road.
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The solicitors at Good & Murray Smith LLP have advised on countless product liability claims, with a blend of fierce advocacy and heartfelt compassion. Below is an in-depth guide to help you understand how these failures occur, the consequences they carry, and the steps involved in seeking the compensation you deserve.
Causes of Brake or Steering System Failure
Brake or steering system failures result from a variety of underlying issues. They may trace back to the manufacturer’s design, flawed materials, or poor-quality components. In other cases, the car’s maintenance history reveals that crucial parts were not replaced or serviced promptly. Certain failures arise from neglectful repairs, where unqualified technicians or substandard replacement parts jeopardise critical safety mechanisms.
Environmental conditions can also play a role, especially if water or dirt contaminates hydraulic lines or if corrosion accumulates on vital connectors. Each of these faults, no matter how small they appear, paves the way for a life-altering collision.
Consequences
When brakes or steering systems fail, the results can be horrifying. Drivers confronted with a runaway vehicle frequently collide with other cars, stationary objects, or pedestrians. Serious injuries such as spinal cord damage, traumatic brain injuries, and crushing fractures become a grim reality. Psychological trauma is equally severe, with survivors suffering nightmares, flashbacks, and anxiety.
When a Brake or Steering System Failure Is a Ground for Suing
A brake or steering system failure justifies legal action if the malfunction stems from negligence. Negligence arises when someone who owed you a duty of care acted or failed to act in a way that compromised your safety. For instance, a car manufacturer might have produced a defective part without adequate safety testing. A mechanic might have overlooked obvious wear or installed unsuitable replacement parts. If this negligence led to the accident that caused your injuries, you may have a solid basis for a personal injury claim.
How to Sue
Most personal injury claims in Ireland begin with the Personal Injuries Resolution Board (formerly known as PIAB). You must generally file an application to PIAB detailing how the brake or steering system defect caused your accident and the injuries you suffered. PIAB may assess your claim and assign a compensation figure.
If the offer proves insufficient or if PIAB decides not to assess, you can pursue court action. Engaging an experienced solicitor ensures you submit the correct documentation, meet important deadlines, and compile the evidence needed to substantiate your case.
Who Is Liable
Liability for brake or steering failure often extends to multiple parties. A manufacturer who sold a vehicle with a design flaw or shoddy components might bear strict liability under product liability laws. Parts suppliers and distributors may share blame if they stocked or sold the defective element.
Dealerships and mechanics could also face responsibility if they neglected routine checks or performed inadequate maintenance. Even vehicle owners might bear partial fault if they repeatedly ignored safety warnings or recommended servicing intervals. Identifying the right defendant or defendants is crucial. The solicitors in our practice analyse every link in the chain to hold the correct people accountable.
Compensation
Compensation in these cases usually includes both general damages for pain, suffering, and loss of quality of life, as well as special damages to reimburse tangible expenses. Medical bills and rehabilitation costs cover surgeries, physiotherapy, and any long-term care. Lost wages compensate for time off work or permanent disability. Psychological counselling for trauma may also be included.
Courts consider the severity of your injuries, the degree of negligence involved, and the extent of your financial losses. The goal is to ensure you receive sufficient resources to restore your well-being and financial security.
What to Prove
To succeed in a personal injury claim, you must establish four key elements. First, show that the liable party owed you a duty of care. Second, prove they breached this duty through action or inaction. Third, demonstrate that the breach caused the malfunction leading to the accident. Finally, quantify your losses, highlighting every aspect of your personal, medical, and financial harm. Failure to satisfy any of these criteria weakens your claim, so meticulous detail is vital.
How to Prove
Proving your case involves collecting substantial and credible evidence. Eyewitness statements from passengers, bystanders, or other drivers help solidify how the brake or steering failure unfolded. Maintenance records, including service invoices and inspection reports, may reveal overdue or incomplete repairs.
Expert testimonies from automotive engineers or accident reconstruction specialists show precisely how the system failed and why the liability rests with a particular party. Police accident reports, medical charts, and vehicle recall notifications provide further insight. Each piece of documentation serves to connect the mechanical fault directly to the injuries and losses you have endured.
Frequently Asked Questions
Is it possible for my steering column to lock completely while I am driving?
Yes. A sudden lock-up is rare but extremely dangerous. Manufacturing defects, particularly in modern electronic steering modules, or neglected mechanical issues such as broken gear teeth, can cause an abrupt and catastrophic loss of control.
Could brake fluid contamination make my brakes useless without warning?
Yes. Even minor contamination by water or debris can corrode essential parts like brake lines or callipers. This corrosion weakens the system’s hydraulic pressure, leading to sudden or partial brake failures that compromise stopping power.
What if the dealership knew the steering system was faulty but sold the car anyway?
This scenario often indicates gross negligence or even fraud. If documentation or testimony shows the dealership had prior knowledge of the defect, they might be liable for any ensuing accidents. A skilled solicitor will investigate internal records and past complaints to establish proof.
Could a manufacturer recall notice help my case?
Yes. Recall notices are strong evidence that the company acknowledged a dangerous defect. If you were harmed by the flaw and can show that you or the previous owner were never informed or the recall repair was not done, it significantly strengthens your claim.
Do I have a claim if my brakes only partially failed, making me crash at slow speed?
Yes. Any loss of braking power, even partial, can cause an accident leading to serious injuries. Courts do not judge validity solely on speed but on whether the defect contributed significantly to the collision and resulting harm.
My mechanic replaced the brake pads just last week. Could they be responsible if something went wrong?
Yes. If substandard or incorrect parts were used, or if the mechanic’s installation was defective, they may be liable. Demonstrating that the newly serviced brakes malfunctioned because of negligence could form the basis of a claim.
Could insurance refuse to cover me if they suspect I never maintained my car?
They might attempt to limit or deny coverage, citing contributory negligence. However, even if you share some fault for skipping maintenance, you can still pursue a claim against other negligent parties who bear primary responsibility for the brake or steering failure.
Do I need to keep the vehicle after the crash for evidence?
Yes. Preserving the car and its defective parts is crucial. Automotive experts can scrutinise the damage and pinpoint where the system broke down. Attempting to discard or repair key components prematurely may sabotage critical evidence.
Can I sue if nobody was hurt but the car was severely damaged?
Personal injury law in Ireland typically requires physical or psychological harm. If no one suffered injury, you may not have a personal injury case, though you might pursue other legal remedies for property damage, depending on the circumstances.
Could my steering wheel come off in my hands?
In extremely rare instances, defective couplings or incomplete manufacturing can cause a steering wheel to detach, leaving a driver utterly helpless. Such a malfunction is shocking and usually signifies a profound manufacturing lapse.
What if I was partially at fault by speeding?
You may still file a claim, but your compensation could be reduced under the concept of contributory negligence. The court decides how much your actions contributed to the accident and adjusts the award accordingly.
Is it possible for electronic brakes to fail without any warning sign on the dashboard?
Yes. Electronic sensors are supposed to register an issue, but if they themselves are defective or if the malfunction occurs instantly, there might be no warning. Skilled engineers can verify whether the car’s diagnostic systems were sabotaged by a deeper defect.
How quickly should I contact a solicitor after the accident?
You should reach out as soon as your immediate medical concerns are addressed. Evidence goes stale, memories fade, and statutory time limits apply. Prompt legal guidance strengthens your case significantly.
Could the car’s brand or model affect my claim?
Certain models are known for recurring mechanical faults. If your car is among those with documented brake or steering problems, it might reinforce the argument that a widespread defect caused your crash. However, each case is unique.
Can I sue if a loved one was killed due to steering or brake failure?
Yes. You can bring a fatal injury claim to seek compensation for the loss of financial support, funeral expenses, and the deep emotional suffering that follows a loved one’s wrongful death. These claims can be challenging, but our solicitors stand ready to guide you through every phase.
Starting Your Claim
If you or someone you love has endured injury because of one of a critical vehicle malfunction, the solicitors at Good & Murray Smith LLP are here to help. Contact our firm today for a confidential consultation on how to hold the responsible parties accountable.
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Monday to Friday, 9am to 5pm. Tell us briefly what happened and we will come back to you.