The Dangers of Commercial Truck Brake Failure
According to the Federal Motor Carrier Safety Administration (FMCSA), as many as 29 percent of all commercial truck accidents are caused by brake failure. While brake failure is always dangerous, it is especially deadly when one or more of the vehicles involved in a crash is a commercial truck. This is because these types of trucks can weigh upwards of 80,000 pounds and often carry dangerous cargo. As a result, crashes involving commercial trucks tend to be particularly destructive. If you or a loved one were recently injured in a crash with a large truck, it is crucial to contact an experienced auto accident attorney who can help you seek compensation for your losses from the negligent party.
Inspection Requirements
Under federal law, trucking companies and drivers are required to regularly inspect their brakes to make sure that they are in working order. Failing to inspect a truck’s brakes can result in serious problems, including:
- Overheating;
- Worn tires;
- Buildup of oil or grease; and
- Dangerously thin brake pads.
Any of these problems could lead to brake failure and loss of control by the driver.
Negligent Parties
Crash victims who are injured as a result of a truck’s brake failure may be able to hold some or all of the following individuals or entities responsible:
- The truck driver;
- The truck driver’s employer;
- The brake manufacturer; and
- The vehicle’s mechanic.
Even when a trucking company was not negligent, it can be held liable for injuries if the crash occurred while the driver was acting within the scope and course of his or her job. Trucking companies can also be required to compensate victims if the crash was the result of:
- Their failure to supervise drivers appropriately;
- A failure to train drivers appropriately; or
- A failure to maintain a truck in accordance with federal regulations.
However, if the cause of the crash was not the result of a driver’s failure to check the brakes, but was instead due to a brake manufacturer’s negligence, the manufacturing company can be held liable for damages. Vehicle parts manufacturers are required to test their products and exercise care when assembling them. When manufacturers fail to fulfill these obligations, they can be required to compensate victims for:
- Past and future medical expenses;
- Lost wages;
- Loss of future income;
- Property damage; and
- Pain and suffering.
Truck accidents tend to cause especially horrific injuries that are extremely expensive to treat. For instance, some of the most common injuries include:
- Burns;
- Broken or crushed bones;
- Spinal cord damage;
- Severe lacerations; and
- Traumatic brain injury.
Treating these types of serious injuries usually requires hospital stays, surgery, multiple doctor’s appointments, and physical therapy. In these situations, it is crucial for injured parties to seek compensation from the person or entity responsible for the crash.
Please Call an Experienced Auto Accident Attorney Today
Please contact Boone & Davis by calling 954-566-9919 to schedule a consultation with an experienced Fort Lauderdale auto accident lawyer who can explain your legal options. A member of our dedicated legal team is also available via live chat.
Resource:
fmcsa.dot.gov/safety/research-and-analysis/large-truck-crash-causation-study-analysis-brief
