trucking accidents are often caused by mechanical failure. One of the biggest reasons for
that mechanical failure is brake failure. In fact, the Department of Transportation
estimates that 29.4% of all large commercial trucking accidents are caused
by brake failure or brake-related issues.
If a trucking accident is caused by brake failure, there may be multiple
parties to blame for the crash—and subsequently your injuries. The
driver, the company responsible for loading the truck, the owner-operator
of the truck, or the brake manufacturers could all be liable for the brake
failure. Oftentimes, these various parties will argue amongst themselves
as to which of them is to blame. When this occurs, an experienced trucking
accident attorney can help establish a clear chain of liability and determine
who the responsible party is.
Brake Manufacturer May Be to Blame
There are strict regulations regarding the manufacturing of a large commercial
truck’s braking system. A manufacturer must meet these federal standards
or their brakes could be determined to be defective. In some cases, the
braking system may have already been recalled, due to a reported manufacturing
error or design flaw. When this occurs, your attorney can seek compensation
under a product liability claim.
Trucking Companies May Be to Blame
Oftentimes, the trucking company fails to maintain their trucks properly.
In an attempt to save money and increase profits, they may skip on important
safety measures or maintenance procedures—and this includes changing
brake pads and rotors regularly.
They may also depower or unhook the front brakes to minimize the expense
of tire and brake wear. By unhooking the front brakes, truck drivers must
downshift in order to stop or slow down their truck and rely on the brakes
of the trailer. This is not only dangerous—but also downright negligent.
Injured in a Truck Accident? Learn More About Your Rights.
If you or someone you love has been injured in a trucking accident, you
need a law firm on your side with experience litigating against large
commercial trucking companies. Kelley/Uustal has been fighting for the
rights of victims of catastrophic commercial trucking accidents in Fort
Lauderdale for decades. Contact the firm today to arrange a
free, no-risk consultation with one of our lawyers.