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Brake Failure Accident Lawyer in New Orleans
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You pressed the pedal, and the car kept going. In a split second, a normal drive on the Pontchartrain Expressway or Claiborne Avenue turned into a crash. Now you’re hurt, and you need answers.
If you were injured in a brake failure crash anywhere in New Orleans, you deserve the truth about what went wrong and you may have options for seeking compensation for your losses. At Gordon McKernan Injury Attorneys, our local team helps injured people across Orleans and Jefferson Parish, including Metairie and Kenner, stand up to insurance companies, repair shops, and even vehicle makers.
Brake failure cases aren’t like a typical fender bender. Insurers may blame the driver when the real problem was a worn part, a sloppy repair, or a brake defect built in at the factory. That’s why having a brake failure attorney in New Orleans on your side early can make a real difference. Our Louisiana brake failure lawyers investigate the cause of the crash and identify potentially responsible parties.
We’ve recovered $3 Billion for Louisiana families, including 230+ Million dollar verdicts and settlements (prior results do not guarantee a similar outcome). You pay nothing upfront, and there’s no fee unless we win.
Types of Brake Failure Accident Injuries in New Orleans
When a vehicle malfunction takes away the brakes, a driver loses the last line of defense. That often leads to violent rear-end crashes, intersection wrecks, and collisions with pedestrians or cyclists. Some injuries show up right away. Others, like whiplash or a concussion, may not surface for days. These injuries can upend your job, your family life, and your finances.
Here are some of the injuries we see most often:
- Second Degree Burn
- Third Degree Burn
- Muscle Strain
- Electrical Burn Injury
- Contusion Injury
- Chemical Burn
- Sprain
- Skull Fracture
- Shoulder Injury
- Collapsed Lung
- Organ Damage
- Lacerations and Abrasions
- Concussion
- Knee Injury
- Internal Bleeding
- Hip Fracture
- Herniated Disc
- Catastrophic Injury
- Wrongful Death
- Chronic Pain
- Internal Injuries
- CTE Brain Injury
- Brain Injury
- Neck injury
- Soft Tissue Injury
- Paralysis Injury
- Whiplash
- Pain & Suffering
- Back Injury
- Broken Bones
- Burn Injury
- And More ...
New Orleans Brake Failure Accident Statistics
Brake-related violations are among the violations identified during commercial vehicle inspections. That matters here. Big rigs moving freight to and from the Port of New Orleans share I-10, the Crescent City Connection, and Tchoupitoulas Street with everyday drivers. Here’s how often brake trouble turned up in 2023 roadside inspections nationwide:
125,372
violations for brakes out of adjustment, the third most common vehicle violation overall
54,150
violations where at least 20% of a vehicle's service brakes were defective, which is serious enough to pull it off the road
6 of the 20
most frequent vehicle violations involved brakes
If a poorly maintained truck or car hit you, you’re not alone, and you have rights.
How New Orleans Brake Failure Accident Lawyers Handle Your Case
Proving brake failure takes more than a police report. Key evidence can vanish once a car is repaired, sold for parts, or crushed. From your first call, Gordon McKernan Injury Attorneys moves fast to:
- Preserve the vehicle and send written demands that others save key evidence
- Have qualified experts inspect the brake system
- Pull maintenance, repair, and parts records
- Check federal recall records for every vehicle involved
- Download event data recorder (“black box”) information when available
- Request inspection and maintenance files in truck and bus crashes
- Interview witnesses and gather police reports, photos, and video
- Handle every call with the insurance companies
- Prepare for trial if a fair offer never comes
Brake failure truck accident claims come with extra paperwork we know how to use. Federal rules require motor carriers to systematically inspect, repair, and maintain their vehicles. Each commercial vehicle also needs a periodic inspection at least once every 12 months, and drivers must write up brake defects they discover. When those records are missing or show ignored problems, that can be powerful proof.
More than one party can share the blame in a brake failure crash. Here’s who we look at and how they may be at fault:
- Driver or vehicle owner: ignored warning lights, grinding sounds, or a soft pedal
- Mechanic or repair shop: installed parts wrong or skipped needed repairs
- Vehicle or parts manufacturer: designed or built defective brake components
- Trucking company: skipped required inspections or maintenance
- Cargo loader: overloaded a truck beyond what its brakes can safely stop
- Rental or fleet company: put a vehicle with known brake problems on the road
Many cases settle without a trial, but we prepare every case as if it’s headed to court. You focus on healing. We’ll handle the investigation.
Compensation You May Be Entitled To
If someone else’s carelessness or a defective part caused your crash, you could be owed significant compensation. We fight for the full value of your claim, including:
- Medical bills, past and future
- Lost wages and reduced earning ability
- Pain, suffering, and emotional distress
- Vehicle repair or replacement
- Wrongful death damages for families who lost a loved one
- Exemplary (punitive) damages in limited cases, such as a crash caused by a drunk driver
A brake failure injury claim can involve several insurance policies at once. A manufacturer or trucking company often carries far more coverage than a single driver, which can mean a larger potential recovery for you.
Our New Orleans personal injury lawyers review every possible source of payment, so nothing gets left on the table. Let us help you estimate what your claim is worth.
Common Legal Challenges After a Brake Failure Accident in New Orleans
Brake failure claims can get complicated fast. Victims often face:
- Insurers blaming the driver instead of the brakes
- Repair shops and manufacturers pointing fingers at each other
- Missing or incomplete maintenance records
- Evidence lost once a vehicle is fixed or hauled to a salvage yard
- Large corporate legal teams defending auto defect claims
- Lowball offers or outright denials
- Uninsured or underinsured drivers
Brake cases also tend to be technical. Proving a part was defective or a repair was done wrong usually takes expert testimony and a close look at engineering and service records. These roadblocks are stressful, but you don’t have to face them alone. With 679+ years of combined legal experience, our team knows how to push back and build a strong case.
Understanding New Orleans Brake Failure Accident Laws
Louisiana sets strict rules for injury claims, and brake failure cases can add another layer. If defective brakes caused your crash, your claim may fall under the Louisiana Products Liability Act may apply when a defective product contributes to an injury, depending on the facts and available evidence. Here’s what you need to know.
Statute Of Limitations:
Louisiana calls the filing deadline the “prescriptive period.” If you miss it, you may lose your right to recover.
- 2 years to file if your injury happened on or after July 1, 2024
- Injuries before that date fell under the older 1-year deadline
- Claims for a loved one’s death can follow different timing rules, so call us right away
Comparative Fault:
Since January 1, 2026, Louisiana follows a modified comparative fault rule. If you’re found less than 51% at fault, your award shrinks by your share of the blame. At 51% or more, you can’t recover damages. Crashes before 2026 may be treated differently, so let us review your dates and facts.
This rule matters in brake cases. Insurers often claim the driver was following too closely or ignored warning signs. Strong evidence about the brakes can shift the blame where it belongs.
Minimum Insurance Requirements:
For vehicle crashes, the required coverage depends on what kind of vehicle was involved:
- Passenger vehicles (Louisiana law):
- $15,000 bodily injury per person
- $30,000 bodily injury per accident
- $25,000 property damage
- Interstate for-hire trucks hauling general freight (federal law): $750,000
- Trucks hauling oil or hazardous materials (federal law): $1,000,000 to $5,000,000
These numbers are floors, not ceilings. Commercial policies and product liability claims can open the door to a much larger recovery.
Need help understanding how these rules apply to your case? Contact us today for a free consultation.
Mistakes to Avoid After a Brake Failure Accident in New Orleans
After a brake failure crash, a few simple missteps can weaken your claim. Avoid these common errors:
- Letting the vehicle be repaired, sold, or scrapped before an expert inspects it
- Throwing away repair receipts or maintenance records
- Admitting fault or guessing about what went wrong at the scene
- Delaying medical treatment
- Posting about the crash on social media
- Giving a recorded statement to an insurance adjuster without a lawyer
- Skipping a recall check (NHTSA offers a free VIN lookup tool)
- Waiting too long to file your claim
Already made one of these mistakes? Don’t panic. Call us now, and we’ll work to protect your rights and your case.
Contact a Brake Failure Accident Attorney Near Kenner Today
Injured in an Accident? Find Legal Help Near You
No matter where your brake failure crash happened, from Canal Street to Williams Boulevard in Kenner, Gordon McKernan Injury Attorneys is ready to help. You can meet our team at Gordon McKernan’s New Orleans office on Veterans Memorial Boulevard in Metairie. We offer statewide support with local service, so you never feel like just another case file.
Your consultation is 100% free, and you pay nothing unless we recover money for you. That’s the G Guarantee.
Do not assume your claim’s value without reviewing the available evidence. Call 888.501.7888 today. Get Gordon. Get It Done.
Prior results do not guarantee a similar outcome. Results may vary depending on the facts and circumstances of each case. Viewing this website or contacting the firm does not create an attorney-client relationship.
Don’t Wait — Talk to a New Orleans Brake Failure Lawyer Today
At Gordon Mckernan Injury Attorneys, we understand that emotional and physical recovery come hand and hand after an injury or accident. We also know that you may not have the energy or time to fight with an insurance company and the complexities of your personal injury claim.
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Filing a claim with Gordon Mckernan Injury Attorneys is easy!
Simply follow the steps below.
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Fill out our quick and easy form to find out if your case qualifies. Our consultations are free and confidential, and we are here to help whether you hire us or not!
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Once your case has been evaluated and deemed a good fit for our firm, our team will go to work immediately on gathering evidence, building your case, and getting you the compensation that you deserve.
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Brake Failure Accident Lawyer in New Orleans Blog Posts
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If you or a loved one has been injured, don't wait— contact Gordon McKernan Injury Attorneys today for a free consultation. Our team is ready to fight for you and secure the compensation you deserve.
With over 30 years of experience, a proven track record of success, and a commitment to client care, we are the best personal injury attorneys in Louisiana to handle your case.
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Office Locations
Denham Springs Office
163 Del Orleans Ave., Denham Springs, LA 70726
Gonzales Office
220 S. Burnside Ave. Gonzales, LA 70737
New Orleans Office
3900 Veterans Memorial Blvd. STE 300 Metairie, LA 70002
Zachary Office
4361 Main St. Zachary, LA 70791
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