Tractor-Trailer Brake Failure

Brake failure is a contributing cause of almost one-third of truck crashes. Trucks generally use air brakes, which can be more prone to problems if not properly maintained and if not utilized correctly.

Victims injured in a truck crash need to determine if brake failure was the cause of the collision. If so, truck drivers, trucking companies or manufacturers of defective brakes could all potentially be legally liable for injuries and fatalities. Associates and Bruce L. Scheiner, Attorneys for the Injured can help those who have been hurt to pursue a claim for compensation. Call 800-646-1210 today for a confidential consultation to discuss your rights.

The Federal Motor Carrier Safety Administration indicates that brake problems were a contributing factor in about 30 percent of truck crashes. Problems with brakes included:

• Brakes out of adjustment
• Poor air pressure
• Overheated brakes
• Condensation
• Worn brake components

These brake problems could have many different causes, including the truck operator or trucking company’s failure to properly inspect or maintain brakes. The Federal Motor Carrier Safety Administration requires that brake inspectors have at least one year of training and/or have successfully completed an apprenticeship program or certification program.

Drivers are also required to complete daily written post-trip inspection reports and trucks are subject to annual inspections and roadside inspections. According to the FMCSA, records of all inspections must be kept by motor carriers for each vehicle that is under the carrier’s control for 30 or more consecutive days.

Because responsibility lies with both truck drivers and trucking companies, both the driver and his employer could potentially be held legally responsible for brake failure. The brakes may also have failed to live up to federal standards regulating truck brakes. The federal government requires trucks have:

• A specific braking force based on a percent of the vehicle’s weight.
• A specific stopping distance, which was recently changed by the NHTSA
• Brakes that meet the automatic brake adjustment system requirements.

Truck or brake manufacturers can be held accountable in product liability cases if there is a design or manufacturing defect. Product liability cases do not require victims to show negligence in order to recover compensation. Victims must demonstrate that a problem with the brakes was the direct cause of the truck collision.

Collisions caused by brake problems are often very serious. Determining the cause of the collision is essential in pursuing a personal injury or wrongful death claim against responsible parties.

Associates and Bruce L. Scheiner, Attorneys for the Injured has been representing truck accident victims for more than four decades. We have a network of more than 50 professionals as well as outside medical and legal professionals on our team. We can investigate the cause of the collision, determine the reason for the brake failure and help you to make a damage claim.

Call today at 800-646-1210 or contact us online to schedule a free consultation with a Southwest Florida trucking accident lawyer.