Steering and Brake System Failures in NC Car Accidents

The Bottom Line

When your brakes fail or your steering locks up, the crash happens in seconds -- but proving what caused the failure is a meticulous process that can take months. The central question in every steering and brake failure case is whether the failure was caused by a product defect or by inadequate maintenance. In NC, the answer determines not just who pays, but whether you recover anything at all, because contributory negligence applies to both the manufacturer's defense and the mechanic's defense.

Brake System Failures

Your vehicle's braking system is the single most critical safety system on the car. When it fails, you have no way to slow or stop the vehicle. The consequences are almost always severe.

Types of Brake Failures

Master cylinder failure causes a complete or near-complete loss of brake pedal pressure. The master cylinder converts the mechanical force of your foot on the pedal into hydraulic pressure that actuates the brake calipers. When the master cylinder's internal seals fail, hydraulic pressure is lost and the brake pedal may go to the floor without slowing the vehicle.

Brake line rupture allows hydraulic fluid to leak out of the system. Most modern vehicles have dual-circuit brake systems so that a failure in one circuit still allows the other circuit to provide some braking. However, a brake line rupture in the wrong location -- or the failure of both circuits due to a design flaw in the routing -- can cause total brake loss.

Caliper and pad failures include seized calipers (which can cause the vehicle to pull sharply to one side under braking), premature pad wear due to defective friction materials, and caliper piston failures that prevent the brake pad from contacting the rotor.

ABS module malfunction can cause the anti-lock braking system to fail or to activate inappropriately. ABS prevents wheel lockup during hard braking on slippery surfaces. When the ABS module fails, the driver may experience unexpected wheel lockup (if ABS fails to engage) or pulsating brakes at inappropriate times (if ABS engages when it should not). In either case, the driver's ability to control the vehicle during emergency braking is compromised.

Electronic brake force distribution (EBD) errors affect how braking force is allocated among the four wheels. A software error in the EBD system can send too much force to the rear wheels (causing the rear to swing out) or too little force to one side (causing the vehicle to veer during braking).

Steering System Failures

Steering failures are less common than brake failures but can be equally dangerous, particularly at highway speeds where precise steering control is essential.

Power Steering Loss

Modern vehicles use either hydraulic power steering or electric power steering (EPS). When the power assist fails, the steering wheel becomes extremely difficult to turn. The driver can still steer the vehicle, but the effort required is dramatically higher.

At parking lot speeds, power steering loss is an inconvenience. At highway speeds, it can be fatal. Emergency maneuvers -- swerving to avoid a stopped vehicle, navigating a sharp curve, correcting after hitting a pothole -- require quick, precise steering input. Without power assist, many drivers physically cannot generate enough force quickly enough to avoid a collision.

Hydraulic power steering failures can result from pump failure, hose rupture (causing fluid loss), or rack-and-pinion seal failure. These are often preceded by warning signs like whining noises or increased steering effort that a competent mechanic should have caught during routine maintenance.

Electric power steering failures involve the EPS motor, its control module, or the torque sensor that measures driver input. These failures can be sudden and without warning because the electronic system either works or it does not. EPS failures are increasingly common as manufacturers shift from hydraulic to electric systems and are closely related to the broader category of electronic and software defects.

Electronic Stability Control Malfunctions

Electronic stability control (ESC) monitors the vehicle's trajectory and selectively applies individual brakes to prevent skidding, spinning, or loss of control. ESC has been mandatory on all new vehicles since the 2012 model year because of its proven effectiveness in preventing single-vehicle crashes.

When ESC malfunctions, it can either fail to intervene when the vehicle is losing control (a dangerous omission) or intervene inappropriately -- applying brakes on one side when the vehicle is traveling in a straight line, causing an unexpected yaw that the driver must fight against.

ESC failures involve the same sensor, software, and actuator systems as other electronic defects. The wheel speed sensors, yaw rate sensor, steering angle sensor, and lateral acceleration sensor all feed data to the ESC module, which makes split-second decisions about which brakes to apply and how much. A failure in any of these components can cause a malfunction.

Proving Mechanical Failure vs. Driver Error

The manufacturer's primary defense in every steering and brake failure case is that the system was working correctly and the driver made an error. Distinguishing between mechanical failure and driver error requires a systematic investigation.

Physical Inspection of the System

A qualified mechanical engineer must inspect the failed system in its post-accident condition. For brake failures, this means examining the master cylinder, brake lines, calipers, pads, rotors, ABS module, and all hydraulic connections. For steering failures, the inspection covers the power steering pump or EPS motor, steering rack, tie rods, steering column, and all associated electronic components.

The expert is looking for physical evidence of failure -- a cracked seal, a corroded brake line, a fractured component, a burned-out motor. This evidence must be documented with photographs, measurements, and often metallurgical analysis of the failed part.

Event Data Recorder Analysis

The vehicle's EDR captures data that can distinguish between "the driver did not brake" and "the driver braked but the system did not respond." If the EDR shows brake pedal application at a force consistent with emergency braking but vehicle deceleration was minimal or absent, this is strong evidence of brake system failure. Similarly, steering angle data showing the driver attempted to steer while the vehicle continued straight suggests a steering system failure.

Accident Reconstruction

Accident reconstruction experts analyze skid marks (or the absence of skid marks), vehicle damage patterns, and the crash trajectory to determine the vehicle's behavior leading up to the collision. The absence of skid marks before a rear-end collision, for example, is consistent with total brake failure -- the driver was unable to slow the vehicle at all.

Manufacturer vs. Mechanic Liability

A critical question in every steering and brake failure case is whether the failure was caused by a product defect or by inadequate maintenance or repair.

When the Manufacturer Is Liable

The manufacturer bears liability when the failure resulted from a design defect (the system was engineered in a way that made failure foreseeable), a manufacturing defect (the specific component was made incorrectly), or a failure to warn (the manufacturer knew of a failure risk and did not adequately warn owners or issue a recall).

When the Mechanic Is Liable

The mechanic or repair shop bears liability when the failure resulted from negligent repair work. Common scenarios include:

• Using incorrect replacement brake pads or rotors that do not meet the vehicle's specifications
• Improperly bleeding the brake system after service, leaving air in the hydraulic lines
• Failing to properly torque lug nuts or caliper bolts, causing components to loosen
• Incorrectly reconnecting steering components after an alignment or suspension repair
• Failing to identify a worn or damaged component during a routine inspection

When Both Are Liable

In some cases, both the manufacturer and the mechanic bear fault. A defectively designed brake component that is also improperly maintained creates shared liability. However, in NC, this can create a complex contributory negligence problem -- the manufacturer argues the mechanic's negligence was a contributing cause, and the mechanic argues the design defect was the real problem.

NC Product Liability Theories for Mechanical Failures

NC's product liability law under Chapter 99B provides several theories of liability for steering and brake system failures:

Design defect (99B-6): The braking or steering system was designed in a way that made failure unreasonably likely, and a feasible safer design existed. For example, routing a brake line through an area where it is exposed to road debris and corrosion when a protected routing was available.

Manufacturing defect (99B-5): The specific component that failed deviated from the manufacturer's design specifications. A brake master cylinder with an improperly machined bore, a steering rack with a metallurgical flaw, or a brake pad with incorrect friction material composition.

Failure to warn (99B-5): The manufacturer knew or should have known that the system had a tendency to fail under certain conditions and failed to adequately warn owners. This theory often applies when the manufacturer has received NHTSA complaints about the same type of failure but has not issued a recall or a service bulletin.

What to Do After a Suspected Steering or Brake Failure

1. Do not drive the vehicle. Have it towed to a secure storage location, not to a repair shop.
2. Preserve the vehicle exactly as it is. No repairs, no parts replacement, no cleaning. The failed system must be inspected in its post-accident state.
3. Document the failure. Write down exactly what you experienced -- did the brake pedal go to the floor? Did the steering suddenly become heavy? When did you first notice the problem? Was there any warning beforehand?
4. Gather all maintenance records. Every oil change, brake inspection, tire rotation, and repair receipt. You need to prove the vehicle was properly maintained.
5. Check for recalls and NHTSA complaints. Search your VIN at NHTSA.gov for any recalls related to your braking or steering system.
6. Contact a product liability attorney with experience in mechanical failure cases. These cases require expert inspection of the vehicle, and timing is critical.

Frequently Asked Questions

Frequently Asked Questions

How do I prove brake failure caused my accident rather than driver error?▾

Physical evidence is key. A qualified expert must inspect the brake system for mechanical failures (worn pads that should have been caught in maintenance, failed master cylinder, ruptured brake lines, stuck calipers) or electronic failures (ABS module malfunction, brake-by-wire software error). The vehicle's event data recorder (EDR) may show brake pedal application without corresponding deceleration. Skid mark analysis and accident reconstruction can also distinguish between a driver who did not brake and a driver who braked but the system failed.

Who is liable for a steering or brake failure in NC -- the manufacturer or my mechanic?▾

It depends on the cause of the failure. If the failure resulted from a design or manufacturing defect in the original component, the vehicle or component manufacturer is liable. If the failure resulted from improper maintenance, negligent repair work, or use of incorrect replacement parts, the mechanic or repair shop is liable. In some cases, both are liable -- for example, a defectively designed component that was also improperly maintained.

What types of brake defects can cause accidents?▾

Common brake defects include master cylinder failure (complete loss of brake pressure), brake line rupture (loss of hydraulic fluid), stuck or seized brake calipers (uneven braking causing the vehicle to pull), ABS module malfunction (loss of anti-lock braking in slippery conditions), brake fade from inadequate pad or rotor materials, and electronic brake force distribution errors that send too much or too little force to specific wheels.

Can power steering failure cause a serious accident?▾

Yes. When power steering fails at highway speed, the driver must exert significantly more force to turn the wheel. In an emergency situation requiring quick evasive steering, the sudden loss of power assist can make it physically impossible to avoid a collision. At low speeds, power steering loss is inconvenient. At highway speeds, it can be deadly -- especially for drivers with limited upper body strength.

How important are maintenance records in a steering or brake failure case?▾

Extremely important. Maintenance records serve two purposes. First, they prove you maintained the vehicle properly, which undercuts the manufacturer's contributory negligence defense. Second, they can show that a mechanic recently worked on the system that failed -- potentially shifting liability to the repair shop. Keep every receipt, work order, and inspection record. If you cannot prove proper maintenance, the manufacturer will argue the failure was your fault.