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The Detroit Free Press reported in March 2016 that Ford F-150 pickup trucks, which are very popular in the U.S. and account for two/thirds of Ford’s truck sales, are being investigated by the NHTSA (National Highway Traffic Safety Administration) for brake failures following multiple complaints.  An F-150 owner in San Marcos, California reported that he was backing his pickup out of the driveway in May 2015 when the pedal went to the floor. He completely lost his brakes. The pickup crossed the street, went over a curb and hit a neighbor’s landscape wall.

Brakes are considered one of the most important parts of a vehicle when it comes to safety. When brakes fail, accidents can happen. Brakes can fail on any vehicle, but the most common happen with tractor-trailers and other large trucks. Twenty-nine percent of all large truck crashes in the U.S., according to the Department of Transportation, involve brake failures. The failures can be the result of the brakes’ being out of adjustment as well as poor maintenance.

Defective brakes are a general cause for concern. Hyundai Motor America recalled 64,744, 2015-2016 Hyundai Sonata sedans in the U. S. because of programming errors in anti-lock systems which did not notify drivers there was a problem with their brakes. If a driver is not notified while driving, he/she may experience the brakes locking during hard-braking actions, according to Edmunds.com.

Hyundai also recalled 155,000 Elantra cars because the brakes suddenly activated causing the engine to lose power which, according to Hyundai, “could cause a serious problem for the driver.”

In January 2014 a 15-year-old girl was killed in an accident when a local teacher’s brakes failed, according to investigators of the accident and reported in USA Today.

When brakes are believed to be defective, automobile manufacturers are required by law to follow one of three options to correct the defect. These options are repair, replacement or refund.

Florida law states that a plaintiff is required to prove that he/she was injured or suffered a loss as the result of an accident, that the brakes were defective, that the defect was the cause of the accident/injury, and that the brakes were being used as intended.

Accidents may also be caused by another driver’s negligence in performing proper brake maintenance. It is a driver’s responsibility to ensure that brakes are in good working condition. If a vehicle is in a poor or dangerous condition, it poses a threat to other drivers. Mechanics who perform routine, or any, maintenance on vehicles are responsible to be sure a vehicle’s brakes are in good working condition.

“Being involved in an accident whether due to a defective product or poor maintenance, it is important to contact an experienced personal injury attorney. Please consult our team at Spivey Law Firm, Personal Injury Attorneys, P.A.,” said Naples Vehicle Accident Attorney, Randall Spivey.

Naples Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.