Houston Brake Failure Accident Lawyers

Get Compensation for Automatic Brake Failures

As Houston brake failure accident lawyers, we work with clients who have suffered life-changing injuries due to issues with automatic emergency braking (AEB) systems.

Automatic emergency braking systems (“AEB systems”) are a life-saving innovation, but defective AEB systems can cause potentially deadly accidents. If your vehicle’s brakes fail to engage or erroneously stop the vehicle at a vital time, the result can be a crash that can cause broken bones, internal injuries, brain and spinal injuries, amputations, or even death. Crash survivors may be left with continuing pain and suffering, mounting medical and household bills, and the inability to work and earn a living.

While originally found only in luxury vehicles, such as Tesla and Mercedes cars, AEB systems are now installed in mid-range cars made by Toyota, Volkswagen, Honda, Nissan, and other manufacturers. If you or a loved one has been injured in an AEB-related accident, you may be entitled to receive compensation for your damages by filing an individual lawsuit or by joining a class-action lawsuit against those responsible. While no amount of money can make up for your suffering and the negative effects on your life, compensation will bring justice, alleviate your financial burdens, and help prevent others from suffering similar harm in the future.

Call the team at Terry Bryant Accident & Injury Law for help today at (713) 973-8888 or toll-free 1 (800) 444-5000, and get your free case evaluation.

How One of Our Houston Brake Failure Accident Lawyers Can Help You

Our role extends far beyond representing the victims of Houston brake failure accidents in court. When you approach us after an accident, we’ll manage your case from start to finish, helping you deal with every challenge that arises in automatic emergency brake failure lawsuits.

First, we’ll investigate your accident and gather all the relevant evidence, focusing on the defects in your AEB system and how they may have contributed to your crash. (Later in this article, we detail exactly what we look for.) Once we’ve done this, we’ll be able to advise you on whether legal action is the right move in your case. Our job is not to persuade clients to undertake lawsuits; if we don’t think you have a strong case, we’ll tell you directly. We never pressure accident victims into pursuing lawsuits they’re not comfortable with.

Once you decide to file a lawsuit, we’ll get to work on building the strongest possible case. You won’t have to worry about paperwork, court filings, or any of the other legal procedures that are involved in automatic braking system lawsuits. We’ll take care of everything, only involving you when it’s necessary but keeping you updated all along the way.

Depending on the nature of the defect, the defendant in your case could be a car manufacturer, car retailer, insurance company, or other type of organization. This can mean going up against a large company with a lot of resources to dedicate to fighting cases like yours and a team of high-powered attorneys who will fight to prevent you from getting compensation. However, we know what it takes to win automatic braking system lawsuits, and we’re never too intimidated to give you the representation you deserve.

After we file your lawsuit, we will have the opportunity to negotiate with the defendant one-on-one to try and agree on a settlement that works for both parties. Concluding cases like this is a lot more convenient than going to court because it takes less time and incurs fewer costs. However, if that’s not possible, we may need to take your case in front of a judge and jury and fight on your behalf until the end.

Why Choose Us

At Terry Bryant Accident & Injury Law, we have extensive experience when it comes to serious Houston motor vehicle accidents. We’ve dealt with clients who have suffered devastating injuries because of issues with vehicle defects and have helped them secure the settlements they needed to rebuild their lives.

Our lead attorney Terry Bryant is a board-certified specialist in personal injury law, so he has an in-depth knowledge of this area of the law that easily surpasses that of the average lawyer. He’s also a former judge, which means he knows exactly what it takes to succeed in AEB defect lawsuits in the courtroom.

Our other attorneys also have a long track record of excellence. We know how to be aggressive and efficient in pursuit of results while also putting client needs first and being compassionate with the accident victims who come through our doors.

What Defects Can Give Rise to Automatic Emergency Braking System Lawsuits?

Defects and Malfunctions Cause Problems

An AEB system works by scanning the road using sensors, cameras, and radar to detect the possibility of collision with another object and apply brakes automatically if necessary. The intent is for the system to react quicker than a human can in dangerous situations to reduce the chances of a crash.

Normally, vehicles equipped with an AEB system will first provide both audible and visual warnings. If no action is taken by the driver, or if the event happens very quickly, the system brakes to prevent a crash or reduce its severity. When the system works properly, it greatly reduces accidents and injuries, but when it malfunctions, it can lead to accidents and resulting injuries.

Defective AEB systems can cause problems like:

• Stalling and sudden stops – Cars can sometimes stall unexpectedly and come to a complete stop. The driver cannot restart the car until putting it in park, shutting off the engine, and starting again. This has happened on highways, creating dangerous potential crash situations. Issues may also arise while your car is traveling down a steep slope that levels out, as the system identifies the road ahead as a potential obstacle and activates the braking mechanism.
• Difficulty starting – Cars can have trouble starting up, or they may start normally before turning back off right away.
• Failing – AEB systems can sometimes fail to stop the car as they’re designed to, leading to catastrophic collisions with obstacles or other road users.

These accidents can be caused by obscured or defective sensors in a car’s AEB system.

Lawsuits for Defective AEB Systems

There have been multiple complaints filed with the National Highway Traffic Safety Administration (NHTSA) about faulty AEB systems, and many class-action lawsuits have been filed about these issues as well. The NHTSA has filed a petition that emphasizes the inefficiency of automotive brands in handling the issue effectively.

It has been alleged that Nissan ignored customer complaints about AEB systems, and many owners of 2017–2021 Nissan Altima cars have submitted complaints to federal authorities. Other vehicles known to have had problems include:

• 2018 Volkswagen Atlas
• 2017 – 2019 Nissan Rogue Hybrid/Sport
• 2017 – 2018 Honda CR-V.

When Is There Liability for Defective AEB Systems?

When AEB systems fail due to a defect, victims might have grounds to file product liability lawsuits. Under Texas law (TX C.P.R.C. Chapter 82), product liability is a strict liability offense. This means you do not have to prove that the defendant you are suing was negligent. It is enough to show that the product was defective and that this defect caused you harm.

To prove liability, your attorney will need to show the following:

• The product is defective.
• The product got to you without having undergone a substantial change in condition.
• The defect in the product made it unreasonably dangerous.
• The defect caused you harm.

Types of Defects

The types of defects that can legally result in product liability fall into three broad categories:

1. Design defects

Design defects occur when something in the design of the product creates an unnecessary risk of injury or death to someone using it.

To prove a design is defective, your attorney must show that:

• The manufacturer could have used a less dangerous design.
• The alternate design would have been reasonable financially and technologically.
• The alternate design would have reduced the risk of injury but retained most of the product’s usefulness.
• You were injured because of the design defect.

2. Marketing defects

Marketing defects occur when the manufacturer does not provide proper warnings or instructions about how to use the product to reduce risks. Manufacturers are required to provide warning labels or statements if the product has an unexpected danger that is not obvious or if it must be used in a certain way to be safe.

To prove marketing defects, your attorney would need to show that:

• The manufacturer failed to warn you of risks of the product that would not be obvious to a reasonable person, or the manufacturer failed to provide instructions for safe use.
• You were injured due to this failure.

3. Manufacturing defects

These are errors that occur during the production process, independent of design or manufacturing issues. Manufacturing defects are usually caused by errors in quality control or production and may not occur in every identical item produced.

Compensation You May Receive Following Accidents Caused by Automatic Braking

Should your AEB system product liability lawsuit succeed, your attorney may recover an award, called damages, for the injuries and losses you have suffered. This includes an amount to compensate for your economic and non-economic losses, and in some circumstances, there may be punitive damages as well.

Economic or special damages: These cover your monetary or financial losses for expenses that include:

• Medical, pharmaceutical, hospital, and rehabilitation bills
• Lost wages (current and future)
• Property damage.

Non-economic or general damages: These are payments that go directly to you as compensation for non-monetary effects on your lifestyle, which may include:

• Pain and suffering
• Mental and emotional anguish
• Loss of consortium and negative effects on your marital relationship
• Loss of enjoyment of life.

Punitive or exemplary damages: These are damages awarded on rare occasions as a penalty to punish a defendant for gross negligence and reckless actions and to discourage others from committing similar offenses in the future.

Frequently Asked Questions

Below are just a few of the most frequently asked questions for our attorneys about accidents related to automatic braking systems.

What are the most common types of accidents that arise from issues with automatic braking systems? 

Automatic braking system issues can cause a range of different accident types because issues with the systems can arise at any time. Some of the most common types of accidents we deal with include:

• Rear-end crashes
• Collisions with obstacles that braking systems failed to detect
• Accidents caused by the loss of vehicle control after an unexpected braking incident.

Who can be held liable for automatic braking system defects? 

The party, or parties, who may be held liable in an automatic emergency brake failure lawsuit depends on the nature of the fault. Generally speaking, the defendant will be either a manufacturer, distributor, retailer, or maintenance provider. In some cases, we may also name another road user who was involved in the accident as a defendant in your lawsuit.

How long do I have to file an automatic braking system lawsuit? 

In Texas, the statute of limitations for filing an automatic braking system lawsuit is generally two years from the date of the accident or injury. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)

How much does it cost to hire an attorney for an automatic braking system lawsuit? 

At Terry Bryant Accident & Injury Law, we charge clients on a contingency basis, so we only take a fee as a percentage of your settlement if you win. If you don’t secure compensation, we don’t make any money from you. This means there’s no risk for you in filing a lawsuit and that we are highly motivated to secure a result in your case.

If you have additional questions, please contact our Houston brake failure accident lawyers at Terry Bryant Accident & Injury Law today at (713) 973-8888 or toll-free 1 (800) 444-5000.

Call Our Houston AEB Injury Attorneys for Help

When AEB system failure causes an auto accident that results in serious injuries, it is difficult for victims to know where to turn. Be aware that if you decide to join a class-action lawsuit, you are electing not to sue as an individual, both during and after the settlement.

At this difficult time when you are trying to recover from your accident, the experienced personal injury and product liability lawyers at Terry Bryant Accident & Injury Law can help. When you contact us, we will examine your individual situation and give you information about brake system recalls, manufacturer negligence, and product liability laws. In addition, we can help if you have been injured by other potentially dangerous car defects, such as the separation of treads in defective tires.

Be aware that proving product liability is complicated, and insurance companies will try to get you to accept the lowest settlement possible or even claim you are responsible for the accident, so do not try to fight them on your own. Let our team take the burden off you by handling all the investigations, negotiations, legal hurdles, and requirements involved with proving an AEB system defect caused your accident and getting you a settlement that you and your family deserve.

We offer a free consultation to discuss the circumstances of your case, and there are no fees unless and until you win, so don’t delay. Contact us now via the form on our website or over the phone at (713) 973-8888.