A driver is full of information regarding his vehicle’s performance. For example, a driver collided into a concrete freeway bridge and was severely injured. Upon interview he stated that the brakes failed.

What does that mean? From the driver’s perspective, we can certainly agree that the brakes indeed failed. Perhaps not in a mechanical sense, rather that they failed to provide the expected results.

Face it, if brakes weren’t completely predictable we’d all start riding horses again, for safety’s sake! So it’s really the expected results that are in question.

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Therefore, it must be asked whether or not the driver had a right to expect a safe stop in the above situation. The only way to determine that is by examining the vehicle’s braking system to see if it was functioning properly.

In a perfect world, the vehicle would be in "as manufactured" condition in all cases and we could simply blame the driver for the collision. Not necessarily.

Numerous vehicles suffer from design or manufacturing defects right off the assembly line. Scroll through a list of your favorite car’s TSB’s (Technical Service Bulletins) and you’ll see what I mean.

Vehicle manufacturers issue these notifications to service personnel when problems exist. Manufacturers are well-meaning, but even a car in good condition can be the cause of an accident because of production or design deficiencies. A few examples are:

Brakes disengaged because of ABS electrical transient;

Throttle locked wide open by defective cruise control;

Brake cylinders damaged by captive grit.

Alternatively, the accident may have been caused by maintenance deficiencies. Manufacturers provide maintenance schedules to the vehicle as a guideline based on automobile needs.

Beyond that, the maker has little control over the vehicle’s owner and what he does to keep up with vehicle maintenance. There are certainly under-maintained vehicles.

And there is a subset of those vehicles where maintenance issues were the cause of an accident. For instance, in our office we’ve seen:

Brake fluid that boiled because of water content

Hydraulic tubes that failed;

Tires that rubbed through brake hoses (due to poor routing).

Many poorly maintained or improperly repaired cars have zipped past you on the freeway. But even if the car was repaired by a qualified mechanic mistakes are made. Fortunately some form of guarantee usually covers those mistakes.

That’s why we appreciate warranties so much. It allows us recourse when flaws in design, manufacturing or repair are made to a vehicle. Hopefully, this occurs before anyone is harmed.

In a case of claimed brake failure, the investigator starts by depressing the brake pedal. Is it firm or spongy? This is then followed by checking the brake fluid for contamination.

Does it appear amber as fresh fluid would? Or is it dark, indicating suspended contaminants and possibly water? In order to determine if the brakes functioned adequately, the following systems must be examined thoroughly: brake hydraulic system, service brake mechanisms and any associated electronics.

If the brake system is discovered to be intact and adequately maintained, then the design itself must be critically examined. Only after this is done, can we decide if the source of failure was man or machine.

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