What Happens When A Brake Failure Causes A Truck Accident?
Mechanical defects in moving vehicles are not uncommon, and a brake failure is no exception. While many defects can be mitigated through routine vehicle maintenance, many drivers overlook them until an accident occurs.
Things become even more complicated if a commercial truck brake failure occurs. Due to large commercial trucks’ massive size and weight, the collateral damage incurred in a truck crash can be massive.
Besides causing serious injuries and compromising road safety for others, truck accidents caused by faulty brakes are quite complicated. They are often followed by a complex legal process involving commercial truck drivers, brake manufacturers, and trucking companies.
Brake Failure and Road Safety
Interestingly, the Department of Transportation states brake failure is among the most common causes of truck accidents. Though most truck accidents occur due to faulty truck brake systems, it can be quite difficult to determine the liable party without legal help and a thorough investigation.
Therefore, learning a thing or two about truck accidents caused by brake failures is a wise decision. Not only can you contemplate your legal options post-accident, but you can also ensure that the at-fault party is held responsible.
Please keep reading to learn more about the potential involvement of responsible parties and what to do in case you’ve been injured in a truck accident.
Who is to Blame When Brakes are Defective?
Several parties are likely responsible for the crash after a brake malfunction causes a truck accident. These include the truck driver, trucking company, truck manufacturer, maintenance company or repair shop, and brake manufacturers.
These parties and their related companies are often at odds over whose insurance company should be liable for compensating the victims. Each may make claims contradicting the other’s stance on the truck accident, which can be a headache for everyone involved.
The Manufacturer of the Brakes
The federal government imposes strict regulations in the trucking industry to ensure that commercial trucks’ brake systems are not faulty.
According to these rules, a truck must be able to generate a specific braking force based on a portion of its weight, effectively decelerate to the at-rest position from 20 mph, depending on the size, and meet the set requirements for automatic brake adjustment.
When truck brakes fail to meet these standards, you can file a claim against the truck manufacturer who created them. These claims generally come in two instances:
- The brakes were designed thoughtfully, but an error in the development process caused a manufacturing defect.
- The truck brakes had many design flaws, rendering them prone to brake failures. Both of these are examples of product liability cases.
Brake Recalls by the Federal Government
Sometimes, the truck brakes in question are recalled after being identified as defective by the federal government. If this happens, it can be powerful evidence to strengthen your case.
You may file a claim against both the manufacturer and the truck owner since the manufacturer made the defective brakes in the first place, whereas the owner did not respond promptly to the recall.
If the manufacturer didn’t contact the truck owner about the recall, the manufacturer will likely be held liable in a truck accident caused by brake failure.
Truck Drivers and Companies
If there is evidence of negligence, you may also have a claim against the truck driver or the trucking company.
For example, the front brakes could have been deliberately unhooked to lessen the expense of brake and tire use and wear and tear over time. Or, you may be able to prove that the brakes were not properly maintained.
It is important to note that a trucking company and its driver are responsible parties if their negligence has caused a truck accident. Most logistics companies tend to perform thorough checks on their operational vehicles to ensure they are well-maintained, which is often reflected in vehicle maintenance records.
The Maintenance Company
The maintenance firm responsible for regular maintenance of brake parts on large trucks and tractor-trailers is equally responsible if a truck accident caused by brake failure is noticed.
Typically, these maintenance companies excel at troubleshooting mechanical defects in tractor-trailers or other large commercial trucks with sophisticated braking systems such as hydraulic brakes, air brakes, and semi-truck brakes. They understand the nuances of braking systems and can determine whether they function properly.
So, if they fail to diagnose a faulty braking system, they can be held liable in a court of law.
Finding a Truck Accident Lawyer
A truck accident is a life-changing incident that often results in horrific outcomes in the shape of personal injury, loss of income and loved ones, medical bills, and more. To overcome these challenges, seeking professional help from a personal injury attorney is a viable option.
Truck brake failures are devastating for everyone involved. This is where an experienced truck accident attorney can help. These truck accident attorneys understand the complexities of tractor-trailer accidents caused by a truck brake failure and how you can effectively pursue a legal battle in court.
Regardless of what happened, if you were involved and injured in a trucking accident, an experienced truck accident lawyer can properly assess the situation and get you the compensation you deserve. Contact Mitch Grissim & Associates today for a free case review if you’re in the Nashville area.
Mitch Grissim & Associates | Posted on November 10, 2016
