When a truck’s brakes suddenly fail, it can lead to devastating consequences for the truck driver and any vehicles or pedestrians in its path.
If you have been involved in a truck accident caused by brake failure, it is important to seek compensation from the responsible parties. This can help cover medical expenses, lost wages, and other damages incurred as a result of the accident.
It’s also important to note that brake failure cases are one among the trucking accident cases that personal injury attorneys handle.
Read on to learn more about seeking compensation for a truck accident caused by brake failure.
Understanding Brake Failure
Brake failure can occur due to various reasons, including mechanical issues, worn-out or defective brake components, and driver error. In some cases, it may also be caused by poor maintenance or inadequate inspection of the truck’s brakes.
Regardless of the cause, when a truck’s brakes fail, it significantly increases the risk of an accident. The heavy weight and size of commercial trucks make them particularly dangerous in such situations.
Common types of brake failure include:
- Total brake failure: When all braking systems on the truck fail simultaneously.
- Partial brake failure: When only one component of the braking system fails, such as the brake pads or brake lines.
- Brake fade: When the braking capacity of the truck decreases due to overheating.
According to the Federal Motor Carrier Safety Administration, brake-related issues are one of the top 10 causes of large truck accidents in the United States. This highlights the importance of regular maintenance and proper inspection of trucks’ braking systems to prevent such accidents.
Who Can Be Held Liable for a Truck Accident Caused by Brake Failure?
Determining liability in a truck accident caused by brake failure can be complex, as multiple parties may be involved. Depending on the circumstances of the accident, potential liable parties may include:
The Truck Driver
If the truck driver was responsible for maintaining and inspecting their vehicle’s brakes, they may be held liable for any accidents caused by brake failure. This is often the case when driver error, such as failing to properly apply the brakes or ignoring warning signs of brake failure, leads to an accident.
The Trucking Company
In some cases, the trucking company that owns or operates the truck may also bear responsibility for an accident caused by brake failure. This can occur if the company failed to properly maintain or inspect their vehicles or if they knowingly allowed trucks with faulty brakes to remain in service.
Brake Manufacturers and Repair Companies
If defective brakes or negligent repairs were found to be the cause of a truck accident, the manufacturers or repair companies may also be held liable for any resulting damages.
Seeking Compensation
To seek compensation for a truck accident caused by brake failure, it is important to gather evidence and work with an experienced personal injury attorney. This can help establish liability and build a strong case for obtaining compensation for your injuries and losses.
Compensation in such cases may cover medical expenses, lost wages, pain and suffering, and other damages related to the accident. In some cases, punitive damages may also be awarded if the responsible parties acted recklessly or intentionally.
If you have been involved in a truck accident caused by brake failure, do not hesitate to seek legal help. By holding the responsible parties accountable, you can not only obtain the compensation you deserve but also help prevent similar accidents from happening in the future.
