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TL;DR: Indianapolis Mechanical Failure Accident Claims
Quick Answer: Who is liable if a mechanical failure caused my accident?
Potentially multiple parties: the vehicle manufacturer (for defects), parts manufacturers (for component failures), mechanics/repair shops (for negligent repairs), and vehicle owners (for failure to maintain). We investigate the failure's cause to identify all liable parties.
- Multiple Liable Parties: Manufacturers, parts makers, mechanics, and vehicle owners may all share responsibility.
- Product Liability: Defective vehicles and parts trigger strict liability—no need to prove negligence.
- Preserve the Vehicle: The failed vehicle is critical evidence. Don't repair or dispose of it.
- Recalls Matter: Failure to address recalls can establish negligence.
- No Fee Unless We Win: Free consultation. Call 317-969-8000.
Indianapolis Mechanical Failure Accident Lawyer – Proving Equipment Failures

You pressed the brakes and nothing happened. Your tire blew out on I-465 at 70 mph. Your steering suddenly locked up. Your accelerator stuck to the floor. When a vehicle's critical systems fail, drivers have no chance to prevent the crash that follows.
Mechanical failures account for approximately 2% of all car accidents, but they often cause catastrophic injuries because drivers lose control at speed with no warning. These failures can result from manufacturing defects, design flaws, negligent repairs, or failure to maintain the vehicle properly.
At Emerson Divorce and Accident Injury Attorneys, our Indianapolis mechanical failure accident lawyers investigate what went wrong and hold all responsible parties accountable—whether that's a major automaker, a parts manufacturer, a local repair shop, or a negligent vehicle owner.
Headquarters in Carmel with offices in Fishers and Zionsville—serving mechanical failure accident victims in Indianapolis, Hamilton County, and throughout Indiana.
Free consultation: 317-969-8000
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Key Topics Covered in This Video:
- ✓ Types of Mechanical Failures
Brakes, tires, steering, acceleration - ✓ Who Can Be Liable
Manufacturers, mechanics, owners - ✓ Preserving Evidence
Why the vehicle must not be repaired - ✓ When to Call a Lawyer
Expert investigation is critical
Ready to Discuss Your Mechanical Failure Case?
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Read Video Transcript (Click to Expand)
Jill Bracken-Emerson: "Hi, I'm Jill Bracken-Emerson, a mechanical failure accident attorney serving Indianapolis and Central Indiana. If your brakes failed, your tire blew out, or another mechanical problem caused your crash, this video will explain your legal options and how we investigate these complex cases."
[Add your actual video transcript here]
Note: This transcript is provided for accessibility and SEO purposes. For the complete visual presentation, please watch the video above.
What To Do After a Mechanical Failure Accident

At the Scene
- Call 911: Report the accident and tell police about the mechanical failure.
- Tell the officer what failed: "My brakes didn't work" or "The steering locked up"—get this in the police report.
- Photograph the vehicle: Take photos of the failed component if visible (flat tire, brake fluid leak, etc.).
- Document warning signs: Did any dashboard lights come on? Strange sounds before the failure?
- Note the vehicle's age/mileage: Important for determining if the failure was premature.
- Get witness information: Others may have seen what happened.
- Don't let anyone repair the vehicle: Tell the tow company and insurance not to authorize repairs.
After the Scene
- Seek medical attention: Document all injuries.
- Contact an attorney before repairs: The vehicle is critical evidence—expert inspection needed.
- Preserve maintenance records: Gather all service records, receipts, recall notices.
- Check for recalls: Search NHTSA.gov for recalls affecting your vehicle.
- Don't give detailed statements: To insurance companies without legal advice.
- Locate the failed part: If a tire blew, keep the tire. If a part fell off, try to recover it.
Critical: Do NOT repair, sell, or dispose of the vehicle until an expert has inspected it. The vehicle—and failed component—is essential evidence. Once repaired, the evidence may be lost forever.
Common Mechanical Failures That Cause Accidents

Brake System Failures
- Complete brake failure: No response when pedal pressed
- Brake fade: Gradual loss of stopping power
- ABS malfunction: Anti-lock system failure causing lockup
- Brake line rupture: Fluid leak causing pressure loss
- Master cylinder failure: Hydraulic system breakdown
- Worn pads/rotors: Maintenance failure reducing stopping ability
Tire Failures
- Blowouts: Sudden tire rupture at speed
- Tread separation: Tread peeling from tire body
- Sidewall failure: Structural tire breakdown
- Defective tires: Manufacturing defects causing premature failure
- Improper mounting: Mechanic error in tire installation
- Over/under inflation: Pressure problems from neglect or faulty gauges
Steering System Failures
- Power steering failure: Sudden loss of assist
- Steering lock-up: Wheel won't turn
- Tie rod failure: Loss of wheel connection
- Steering column problems: Mechanical breakdown
- Electronic steering malfunction: In newer vehicles with electronic systems
Acceleration/Throttle Issues
- Unintended acceleration: Vehicle speeds up without driver input
- Stuck throttle: Accelerator pedal doesn't return
- Electronic throttle control (ETC) failure: Computer-controlled system malfunction
- Floor mat interference: Mat trapping pedal
Suspension Failures
- Broken springs/struts: Loss of vehicle control
- Ball joint failure: Wheel separation
- Control arm failure: Suspension collapse
Other Systems
- Headlight/taillight failure: Visibility problems
- Windshield wiper failure: In rain or snow
- Hood latch failure: Hood flying open while driving
- Door latch failure: Doors opening or passengers ejected
- Fuel system fires: Leaks causing vehicle fires
- Airbag failures: Non-deployment or unexpected deployment
Who Can Be Held Liable for Mechanical Failure Accidents
Key Point: Mechanical failure accidents often involve multiple liable parties. A thorough investigation identifies everyone responsible to maximize your recovery.
Vehicle Manufacturers
- Design defects: Inherently dangerous vehicle design
- Manufacturing defects: Errors during production
- Failure to warn: Not adequately warning of known risks
- Examples: GM ignition switch defect, Toyota unintended acceleration, Takata airbag recalls
Parts Manufacturers
- Defective components: Tires, brakes, steering parts, electronics
- Examples: Firestone tire failures, Takata airbags, various brake component recalls
- Aftermarket parts: Non-OEM parts that fail prematurely
Mechanics and Repair Shops
- Negligent repairs: Improper work causing failure
- Failure to diagnose: Missing obvious problems
- Using wrong/defective parts: Installing inappropriate components
- Failure to complete repairs: Not finishing safety-critical work
Vehicle Owners
- If you were hit by their vehicle: Owner may be liable for failure to maintain
- Ignored recalls: Failure to address safety recalls
- Neglected maintenance: Not performing required service
- Knowingly driving unsafe vehicle: Ignoring warning signs
Dealerships
- Negligent pre-sale inspection: Selling vehicle with defects
- Failure to perform recall work: When recall was scheduled
- Negligent service department repairs:
Fleet/Rental Companies
- Failure to maintain fleet vehicles:
- Failure to address recalls:
- Renting/leasing unsafe vehicles:
Product Liability: Suing Vehicle and Parts Manufacturers
Important: Under Indiana's Product Liability Act (IC § 34-20), you can sue manufacturers for defective products without proving negligence—this is called "strict liability."
Types of Product Defect Claims
Design Defects
The product's design is inherently dangerous:
- Vehicles prone to rollover
- Fuel tank placement causing fire risk
- Steering systems that fail under foreseeable conditions
- Braking systems inadequate for vehicle weight
Manufacturing Defects
Something went wrong in production:
- Improperly installed components
- Use of substandard materials
- Assembly errors
- Quality control failures
Failure to Warn
Manufacturer knew of risks but didn't adequately warn:
- Hidden defects not disclosed
- Inadequate owner's manual warnings
- Failure to issue recalls when problems emerged
NHTSA Recalls and Investigations
The National Highway Traffic Safety Administration (NHTSA) tracks vehicle defects and recalls:
- Check for recalls: NHTSA.gov/recalls
- File a complaint: Report your failure to NHTSA
- Recall history: Prior recalls may show pattern of defects
- NHTSA investigations: Ongoing investigations may support your claim
Evidence Preservation
In product liability cases, the failed vehicle/part is the most important evidence:
- Don't repair: Until expert examination complete
- Don't dispose: Keep the vehicle in storage
- Document chain of custody: Track who has had access
- Expert inspection: We arrange for engineering experts to examine the failure
Common Injuries from Mechanical Failure Accidents
Mechanical failure accidents often cause severe injuries because they typically occur at speed with no warning:
Catastrophic Injuries
- Traumatic brain injury (TBI): From uncontrolled impacts
- Spinal cord injury: Paralysis from high-speed crashes
- Traumatic amputation: In severe wrecks
- Severe burns: From fuel system fires
- Death: Mechanical failures can be fatal
Common Injuries
- Multiple fractures: From impact forces
- Whiplash: Neck soft tissue damage
- Herniated discs: Back and neck injuries
- Internal injuries: Organ damage from blunt trauma
- Soft tissue injuries: Sprains, strains, contusions
Tire Blowout Specific
- Rollover injuries: When blowout causes loss of control
- Ejection: If not properly restrained during rollover
- Multi-vehicle crash injuries: When vehicle crosses lanes
Airbag Failure Injuries
- Non-deployment: Injuries that would have been prevented
- Unexpected deployment: Startling driver, causing crash
- Shrapnel injuries: From defective Takata-type airbags
Compensation Available in Indianapolis Mechanical Failure Cases
Sources of Recovery
1. Vehicle/Parts Manufacturers
- Major automakers have substantial insurance and resources
- Product liability claims can yield significant recoveries
- Class actions may exist for known defects
2. Mechanics and Repair Shops
- Professional liability insurance
- Business insurance policies
- Personal assets of shop owners
3. Vehicle Owners (If Their Vehicle Failed)
- Auto liability insurance
- Personal assets
4. Your Own Insurance
- UM/UIM coverage
- Collision coverage for vehicle damage
- MedPay/PIP for medical expenses
Types of Damages
- Medical expenses: Past and future treatment
- Lost wages: Time missed from work
- Lost earning capacity: If permanently disabled
- Pain and suffering: Physical and emotional distress
- Property damage: Vehicle replacement
- Punitive damages: For knowing defects (manufacturer cases)
- Wrongful death: For fatal accidents
Typical Case Values
- Minor injuries: $25,000-$100,000
- Moderate injuries: $100,000-$300,000
- Serious injuries: $300,000-$750,000
- Catastrophic injuries: $750,000-$5,000,000+
- Wrongful death: $1,000,000-$10,000,000+
- Product liability (major manufacturer): Can be significantly higher
Indiana Law for Mechanical Failure Accident Claims

Key Indiana Statutes
- Product Liability Act (IC § 34-20): Governs claims against manufacturers for defective products.
- Statute of Limitations: 2 years for personal injury; product liability has a 10-year statute of repose from delivery to first purchaser.
- Comparative Fault (IC § 34-51-2-6): You can recover if less than 51% at fault.
- Punitive Damages (IC § 34-51-3): Available for willful conduct; capped at 3x compensatory or $50,000 (greater amount).
Indiana Product Liability Requirements
Under IC § 34-20-2-1, a product liability action may be brought against a manufacturer if:
- The product was defective and unreasonably dangerous
- The defect existed when the product left the manufacturer's control
- The defect was a proximate cause of harm
Statute of Repose
Important: Indiana has a 10-year statute of repose for product liability claims—you generally cannot sue for defects in products delivered more than 10 years before your injury, regardless of when you discovered the defect.
Where Mechanical Failure Cases Are Filed
- Marion County: Marion Superior Court
- Hamilton County: Hamilton Superior Court
- Federal Court: For claims over $75,000 against out-of-state manufacturers
- MDL (Multi-District Litigation): Major defect cases may be consolidated nationally
Frequently Asked Questions
Who is liable if my brakes failed and caused an accident?
Potentially multiple parties: the vehicle manufacturer (design/manufacturing defect), the parts manufacturer (defective brake components), the mechanic who last serviced the brakes (negligent repair), or the vehicle owner (failure to maintain). We investigate to identify all responsible parties.
What should I do with the vehicle after a mechanical failure accident?
Do NOT repair, sell, or dispose of it. The vehicle is critical evidence. Have it towed to a secure location and contact an attorney. We'll arrange for expert inspection before any repairs.
How do you prove a mechanical failure caused the accident?
Through expert inspection of the vehicle, engineering analysis, maintenance records, recall history, driver testimony about what happened, and witness accounts. The failed component itself is the best evidence.
What if there was a recall on my vehicle that I didn't address?
This complicates your claim against the manufacturer but doesn't necessarily bar it. You may still have claims for defective design, and other parties (mechanics, dealers) may be liable. Comparative fault may reduce your recovery.
Can I sue the mechanic who last worked on my car?
Yes, if their negligent work caused or contributed to the failure. Examples: improper brake repair, incorrect tire mounting, failure to diagnose obvious problems, using wrong parts.
What is "strict liability" for product defects?
Under Indiana law, you can sue manufacturers for defective products without proving they were negligent—just that the product was defective and unreasonably dangerous. This is "strict liability."
How long do I have to file a mechanical failure lawsuit?
2 years for personal injury. Product liability has a 10-year "statute of repose"—you generally can't sue for products delivered more than 10 years before injury, regardless of when you discovered the defect.
What if someone hit me because their vehicle had a mechanical failure?
You can sue the driver (and possibly their insurance), the vehicle owner if different, and potentially the manufacturer or mechanic responsible for the defect. Multiple parties may share liability.
Are tire blowout cases product liability cases?
Often yes. If the tire failed due to a design or manufacturing defect, the tire manufacturer may be liable. We investigate whether the blowout was caused by defect, road hazard, or maintenance failure.
How much is a mechanical failure accident case worth?
Varies widely. Minor injuries: $25,000-$100,000. Serious: $300,000-$750,000. Catastrophic: $750,000-$5,000,000+. Product liability cases against major manufacturers can be higher due to punitive damages.
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Mechanical Failure Caused Your Crash? We'll Find Out Who's Responsible
From manufacturers to mechanics, we investigate every potential source of liability and fight for maximum compensation.
No fee unless we win. Headquarters in Carmel serving Indianapolis, Hamilton County & all of Indiana.
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We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible. We provide every potential client with a free initial consultation so we can listen to your story and prepare a plan of action. We are passionate about the law and will lay out all of your options, so you are fully prepared to move forward. For compassionate, honest, and dedicated legal representation from Emerson Divorce and Accident Injury Attorneys, L.L.C., contact us today. There is no cost to talk to us about your case.
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