Auto Accidents Caused by Brake Failure

Chicago Car Accident Stats: The Modern Reality

• 112,006 car crashes in Chicago in 2024—third highest since 2015.

• Over 25,692 injuries, shattering previous records.

• Many accidents attributed to mechanical failures like brake defects, especially on congested roads and expressways.

Types of Brakes

The types of brakes in vehicles include:

Hydraulic brakes – Hydraulic brakes are commonly found in vehicles today. These brakes use hydraulic fluid to apply pressure on the braking device via the controlling mechanism.

Friction brakes – Friction brakes use friction to decrease the speed of a vehicle and include drum brakes, band brakes, and disc brakes.

Air brakes – Air brakes use air to activate a standard brake. Air brakes are mostly used in large vehicles such as buses, trucks, and trailers.

Anti-lock brakes – Anti-lock brakes are used in racing cars. The brake system helps the wheels to maintain traction and prevents the wheels from locking, which could cause skidding,

Electro-magnetic brakes – Electro-magnetic brakes are used in electric cars. These brakes use electricity from the motor to charge the brakes.

Brake-by-wire – Similar to electro-magnetic brakes, these brakes use electrical wires to communicate from a computer to the braking system.

Parking brakes – Parking brakes are also known as emergency brakes. These brakes are designed to bypass the regular braking system using a series of steel cables to control the rear brakes.

What Causes Brake Failure Car Accidents?

Brake system failures can stem from multiple sources:

• Manufacturer defects (design or assembly errors)

• Lack of proper vehicle maintenance

• Faulty or recalled brake components

• Old or worn brake pads/rotors

• Corroded brake lines or fluid leaks

No matter the cause, the result is often terrifying—drivers unable to stop, leading to rear-end crashes, intersection pileups, or devastating T-bone collisions.

Common Injuries from Chicago Brake Failure Crashes

Outcome of Brake Failure

Failure of the braking system can result in a car losing control and colliding with other vehicles, pedestrians, or hitting nearby fixed objects. Almost always, brake failure leads to accidents caused due to over speeding as the driver is unable to control speed. Such devastating consequences lead to severe, life altering injuries and even death.

Brakes that fail often lead to high-speed impacts. Victims are at risk for:

Note: Injuries tend to be more severe when brake failure happens at high speeds or on busy city streets.

Chicago Brake Failure Car Accident Laws

Key Legal Principles:

• Vehicle owners must keep brakes in safe working order. Failing to do so is considered negligence under Illinois law.

• Product liability laws hold manufacturers strictly accountable for defects in design, assembly, or warnings.

• Accident victims have two years from the date of the crash to file a personal injury lawsuit in Illinois.

Statutes to note:

• ILCS 5/2-1116: Modified comparative fault statute (see liability section)

• ILCS 5/13-202: Personal injury claim statute of limitations

Chicago Brake Failure Crash Liability Laws

Determining liability in a brake failure case is complex—here’s how the law assigns blame:

Comparative Liability:
Illinois follows a modified comparative fault rule. If you’re less than 50% at fault (e.g., you performed regular maintenance but the brakes were still faulty), you can recover damages. If multiple parties are involved, fault is apportioned accordingly.

Chicago Brake Failure Crash Compensation Laws

Victims of brake failure crashes can seek compensation for:

• Medical expenses: Emergency care, surgery, rehab, medications.

• Lost wages: Temporary or permanent work loss.

• Pain and suffering: Both physical and emotional trauma.

• Property damage: Repairs or replacement of vehicle.

• Future care and disability: Costs associated with long-term injury or impairment.

• Wrongful death damages: For families who lose a loved one in a brake failure crash.

Each case is unique—compensation depends on factors like severity of injuries, insurance coverage, degree of liability, and the strength of the evidence.

How to Avoid Brake Failure

• Inspect and service your vehicle’s brakes on a regular basis.
• Any outdated parts should be replaced immediately.
• Malfunctioning faulty brake parts should be reported to the manufacturer.

Frequently Asked Questions: Chicago Brake Failure Accidents

Q: Who is usually responsible for a brake failure crash in Chicago?
A: Responsibility may fall on the driver, the vehicle owner, an auto shop, or the manufacturer, depending on whether poor maintenance, faulty repair, or defective parts caused the failure.

Q: What should I do if my car’s brakes fail and I crash?
A: Immediately call law enforcement, gather photos and witness info, do not admit fault, seek medical attention, and contact an experienced injury attorney.

Q: Can I still recover damages if I’m partially at fault?
A: Yes, as long as you are 50% or less at fault, under Illinois comparative fault law, your damages are reduced by your share of the blame.

Q: What proof will I need for my case?
A: Evidence such as accident scene photos, repair/maintenance records, police reports, defect documentation, and expert mechanic analysis is crucial.

Q: How long do I have to file my injury claim?
A: Generally, victims have two years from the date of the crash to file a lawsuit in Illinois.

Real-World Scenario

Imagine a family driving through Logan Square when their brakes suddenly fail at a busy intersection. The car plows into a stopped vehicle, causing severe injuries. Investigation reveals a recalled brake part was never replaced. In this scenario, the car manufacturer may share substantial liability—and retaining a skilled attorney becomes essential for fair compensation.

Why Hire Willens & Baez Personal Injury Lawyers, P.C.?

Selecting the right advocate can be the difference between frustration and full recovery. Here’s why Willens & Baez is the premier choice for Chicago brake failure accident victims:

• Award-Winning Leaders:

  • Matthew L. Willens—Illinois Super Lawyers 2012–2025, National Top 100 Verdicts, $1.5 million record settlements, repeated industry honors.

• Proven Results:

  • Multi-million dollar verdicts and settlements for complex auto accident cases, including product defect and manufacturer liability claims.

• Client-Centered Approach:

  • Over 250+ five-star reviews, celebrated for communication, transparency, and compassionate service.

  • 24/7 availability and no fee unless you win.

• Community Roots:

  • Deeply engaged with the Chicago community, understanding local roads, courts, and insurers.

• Aggressive Advocacy:

  • Relentless pursuit of justice—investigates all aspects of brake failure, uses top experts, and won’t be bullied by corporate giants.

“They took immediate action, explained every step, and got me a better outcome than I ever hoped for.” — Former client testimonial.

Checklist: What to Do After a Chicago Brake Failure Accident

1. Ensure safety—move to a safe place if possible.

2. Call 911 and seek immediate medical attention.

3. Photograph the scene, vehicles, and any warning indicators in your car.

4. Collect witness information.

5. Request a copy of the police report.

6. Do not agree to quick insurance settlements.

7. Retain all maintenance, repair, and recall documentation.

8. Contact Willens & Baez at (312) 957-4166 for a free consultation.

Chicago, Don’t Settle for Less—Protect Your Rights Today

If you or a loved one has been injured due to brake failure in Chicago, you deserve more than apologies—you deserve accountability and maximum compensation. Willens & Baez Personal Injury Lawyers, P.C. delivers results, bringing years of success, local expertise, and client-first dedication to every case.

Call (312) 957-4166 today for aggressive, compassionate help from Chicago’s top-ranked team.
Your recovery starts with the right advocate.