Who Is Responsible When Brake Failure Causes A Semi Truck Accident
Any type of motor vehicle accident can be traumatizing for the people involved. Truck accidents, in particular, are often the fault of mechanical difficulties rather than negligence on the road. In fact, a recent study found that nearly 30 percent of truck accidents involved a brake-related issue, such as brake failure. If you’ve been involved in a large truck crash, read on for more information about who is at fault and when to contact a truck accident lawyer.
Finding Fault After A Brake Failure
After a truck accident involving defective brakes, there are many places that might receive blame. These include the driver, the truck loading company, whoever’s responsible for maintaining the truck’s brakes, and the brake manufacturer. Often after a trucking accident, these parties will be at odds over who is to blame. Let’s overview why each one might be at fault in a truck accident.
The Brake Manufacturer
The brake manufacturer must follow strict regulations by the federal government in regards to truck braking system safety. These include that the brakes must develop a certain force that based on a portion of the truck’s weight, the ability to decelerate to a stop from 20 mph, and the brakes must meet the requirements for the automatic brake adjustment system. You may have a claim against the brake manufacturer if the brakes were found to not be up to these standards. Not meeting standards would likely be the result of either improper design or a defect caused during the manufacturing process.
If your particular brakes have been recalled, you may have strong evidence against the manufacturer, and the truck owner if they were contacted about the recall and did not fix the issue.
Drivers and Trucking Companies
Drivers and trucking companies may be found at fault if negligence or action on the driver’s part causes the brakes to fail. For example, some owner-operators deliberately depower the front brakes to save on wear and replacement costs. Truck drivers are also required by law to perform daily inspection reports before embarking on trucking trips, checking on things such as checking for loose components in the braking system or listening for leaks in the brake chamber. They also may be at fault if it’s found that the truck was improperly loaded. A qualified truck accident lawyer will be able to help determine if the driver was at fault.
Where To Find Help
Oftentimes, truck accidents are complicated issues involving multiple parties, creating a lot of nuance that’s difficult to navigate when making a claim. Especially if brake failure is involved, it can be tricky to pinpoint who exactly was at fault during a truck accident. The right attorney will have the industry know-how to help you get the settlement you deserve. Contact Peter N. Davis Law if you’re located in and around Paterson, New Jersey. We’ve helped our clients receive over $150 million in settlements.
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