Brakes Causing Your Accident Mechanical Failure Defense

"It was the Car's Fault"

A car brake can cause an accident. There are several ways to defeat a mechanical failure defense, unless it is a legitimate one. A statement by the driver that there was no apparent problem with the vehicle prior to the collision is a good starting point. Repair and/or maintenance records for the vehicle showing no mechanical problem are helpful. The most valuable evidence, however, is the inspection by a qualified mechanical inspector. In choosing this expert, it should be recognized that a crash reconstructionist is not typically trained or experienced in conducting this type of inspection.

A vehicle inspector, on the other hand, should be well versed in how various mechanical systems affect handling, stopping ability, acceleration, etc., knowledge that is usually beyond the scope of the mechanic who just diagnoses and repairs problems with vehicles. A detailed inspection report can be completed that will show the trier of fact that a thorough inspection has eliminated any mechanical failure as a possible cause of the collision.

Two common mechanical failure defenses are:

Sudden acceleration caused by motor mount failure. The motor mounts attach the car’s engine to the chassis. When the motor is running it wants to twist and lift off the chassis. If a motor mount actually breaks, the engine lifts up and could pull on the accelerator cable, creating the same effect as if the accelerator pedal were depressed. If it is determined that the broken motor mount was a result of impact due to the crash, and not due to mechanical failure, the sudden acceleration defense is defeated.

Antilock brakes’ (ABS) electronics failure results in loss of braking. When the ABS electronics fail, the brakes revert to conventional braking mode in most cases, with little or no loss of braking. Therefore, the vehicle inspector would look for signs of excessive wear, malfunctioning of the mechanical calipers that apply pressure to disc brakes, and do a complete check of the ABS system in the same manner as he would a conventional braking system. Upon finding no failure or defect to the ABS brakes, they would be ruled out as a cause of the crash. Note: Conventional brakes produce longer stopping distances than antilock brake systems on wet surfaces, and this may be a legitimate consideration for the reconstructionist.

Above is from John Kwasnoski, a professor of forensic physics at Western New England College in Springfield, Massachusetts, reconstructs crashes and offers expert testimony.

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