When someone is injured in a crash caused by defective brakes, one of the first questions that must be answered is: Who is legally responsible? As car accident attorneys in Antioch, we’ve helped many clients across Illinois deal with complex injury claims where the fault wasn’t immediately clear. Brake failure cases are different from typical collisions. These incidents often involve multiple parties, from drivers and auto shops to manufacturers and distributors. Understanding how Illinois law applies is critical for determining liability and protecting your right to compensation.
Brake systems are a vital part of vehicle safety. When they fail, the results can be catastrophic. But not every brake failure is the same. Sometimes, it’s the result of poor maintenance. Other times, it stems from defective parts or manufacturer negligence. Our goal is to identify the root cause of the brake failure so we can hold the right party accountable.
Under Illinois law, vehicle owners have a duty to keep their vehicles in a safe, roadworthy condition. This includes regular maintenance of the brake system. If a driver ignores warning signs—such as grinding noises or longer stopping distances—and an accident occurs, they may be held liable for negligence under 735 ILCS 5/2-1116, Illinois’ comparative fault statute. This statute allows multiple parties to be held accountable based on their percentage of fault.
We have seen many cases where the driver simply failed to inspect or replace worn brake pads. If the evidence shows the accident was preventable with routine maintenance, we pursue claims against the driver or vehicle owner directly.
In some cases, a mechanic or auto repair shop may have recently worked on the brakes but failed to do the job correctly. If the shop installed faulty parts, performed the work improperly, or overlooked clear signs of wear, they may be held liable under Illinois negligence laws. Shops have a duty to perform work with reasonable care and skill. If they breach that duty and a customer is injured as a result, they can be sued for damages.
We work with accident reconstruction specialists and automotive experts to examine service records, invoices, and component failures. If a repair shop cut corners or made errors, we build a case that shows how their negligence caused or contributed to the crash.
When the failure stems from a defective part, we look at the manufacturer. Under Illinois product liability law, a company that designs, manufactures, or sells a defective product can be held strictly liable for injuries caused by that defect. This is outlined in 735 ILCS 5/13-213, which governs product liability actions in Illinois.
Defects may occur in the design and manufacturing process or due to inadequate warnings. If the brake pads, calipers, rotors, or hydraulic system were defective and that defect caused the crash, we pursue a product liability claim. These cases often involve large automakers or parts suppliers.
Illinois follows a modified comparative fault rule. Under 735 ILCS 5/2-1116, if you are found to be more than 50% at fault for the crash, you cannot recover compensation. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. That means identifying all responsible parties and their share of liability is crucial.
For example, if a driver fails to maintain their brakes but the parts are defective, liability might be shared between the driver and the manufacturer. We use every available legal tool to ensure our clients are not unfairly blamed and receive the compensation they deserve.
Yes. Under Illinois product liability laws, manufacturers can be held strictly liable if a defect in design, manufacturing, or labeling caused or contributed to the brake failure. We can bring claims against both vehicle and parts manufacturers, depending on the situation.
If you were driving a rental or company vehicle, the company responsible for maintaining the vehicle may be held liable. They have a duty to inspect and service vehicles before allowing others to drive them. We will investigate maintenance records and contractual responsibilities.
We use detailed accident reconstruction, vehicle inspections, service history, and expert analysis to show how and why the brakes failed. Sometimes, we find recalls or known defects tied to the vehicle or part. These findings are key in proving liability.
You may still be able to recover damages under Illinois’ modified comparative fault rules. As long as you were 50% or less at fault, your compensation will simply be reduced by your share of fault. We focus on minimizing any claims against you.
Yes. Under 735 ILCS 5/13-202, most personal injury claims in Illinois must be filed within two years of the date of the accident. Claims against manufacturers for defective products also have specific deadlines, which we will review with you.
You may be entitled to compensation for medical bills, lost income, future treatment, pain and suffering, property damage, and more. We work to build a full picture of your losses and demand the compensation you deserve from every liable party.
These cases often involve multiple parties, complex evidence, and aggressive insurance defense teams. We handle everything—from investigating the crash to negotiating settlements—so you can focus on recovery. Our goal is to secure the compensation you need without unnecessary delays.
If you or someone you love was hurt in a crash caused by defective brakes, let us help you find answers. At The Law Offices of Robert T. Edens, P.C., we represent victims across Illinois from our offices in Antioch, Waukegan, and Woodstock. We’ll investigate the cause of the failure and fight to hold the right parties accountable.
Contact our Antioch car accident lawyers at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. Our firm serves clients in Antioch, Waukegan, Woodstock, and throughout Illinois from our office locations.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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