When considering a commercial truck accident, most people will assume the cause behind the crash is the truck driver’s own negligence. While a trucker’s mistake is a major cause of countless truck accidents every year, it is not the only way a big rig can lose control and result in a collision. Truck brake failures are also significant hazards that can and do put motorists at risk.
Other than being dangerous, truck brake failures create a complicated liability situation. How can you prove who should provide you compensation to pay for your damages if a broken brake system caused the crash? The question is difficult, but not impossible to answer, especially if you retain a personal injury lawyer’s advocacy.
Consider these causes of truck brake failures and potential liability:
- Truck part defect: Auto part manufacturers have an unshakable responsibility to only create parts safe for regular use. For a commercial truck, regular use means extended hours of use on end, and bringing up to 80,000 pounds — the federal weight limit for tractor trailers when all parts are weighed — to a complete stop from highway speed. A defect in the brake parts could result in a catastrophic failure. At such a point, liability may partially belong to the auto part manufacturer.
- Maintenance failure: Truck brake systems undergo massive amounts of stress in an average workweek. Even a completely functional and perfectly made truck brake system needs routine maintenance to keep it in working order. It is the responsibility of maintenance crews to make certain any work done to repair or replace brake systems is done correctly. Failing to complete maintenance acceptably can make a maintenance company liable for any resulting truck accidents.
- Overloaded trailer: There is also the responsibility on load crews, parent trucking companies, and individual truck drivers to make certain the trailer of a big rig is not overloaded. Placing too much weight in a trailer, or misbalancing the weight distribution in a trailer, will put extreme stress on the brakes beyond the intended amounts. If the brakes fail after being overloaded, the liability could be distributed among all three of those parties, which will make an increased challenge to determine the best way to pursue compensation.
If you have been hurt in a trucking accident caused by a brake failure, you can depend on The Simon Law Firm and our St. Louis personal injury attorneys to navigate the legalities of your claim on your behalf. You can focus yourself on recuperating as best you can while our team does the rest. Since our founding in 2000, we have obtained more than $1 billion in verdicts and settlements for the wrongfully injured, and we would be happy to see how we can apply that caliber of service to your case as well.
Get representation now. Call (314) 241-2929 to schedule your free consultation.
