Posted on May 28, 2014 in Truck Accidents
Catastrophic 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 truck accident lawyer 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.