This is why his insurance company is going to fight it, Shakran. You always fight equipment failure. Brakes do fail though. If you blow a brake line, you have greatly reduced stopping power. Yes, you hit the emergency brake, but ever tried that at speed? It doesn't work all that well as it only activates the rear brake and has no applicable ABS. About 80% of your braking power is applied by the front wheels, meanign your emergency brakes give you 20% of your stopping power. Additionally, if you are trying to panic stop, you will only be able to do so much in the split second that you realize your brakes have failed. Most people pump the brakes a couple of times trying to get them to work, then it is time to hit emergency brakes, downshift, etc, and by then it is frequently too late.
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