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What You Need To Know About Brake Failure And Truck Accidents

Wednesday, September 5th, 2018
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Most drivers would never attempt to use their vehicle if there was a serious issue with the brakes. One would expect this rule to be the same in the trucking industry as well. The likelihood of an accident happening increases when a commercial truck with faulty brakes is sharing the road with other vehicles.

Unfortunately, trucking firms operate under a different set of rules than passenger vehicles. The urgency to deliver cargo on time often takes precedence over maintenance. Some companies will even skirt the rules to put commercial trucks with faulty brakes back on the road to avoid repair expenses.

Being involved in a truck accident can be a terrifying experience. One of the most common causes for this type of crash is brake failure. There are many factors that explain why brakes fail. If you have been in a commercial truck accident, an investigation should tell you if brake failure was the cause.

How brake failure causes truck accidents

The Federal Motor Carrier Safety Administration (FMCSA) enforces a detailed set of rules for commercial truck maintenance and repairs. This includes regular brake system inspections. These rules help make certain the roads are safe, especially when commercial trucks are traveling long distances. The guidelines say that regular brake inspections are required after the truck has hit certain mileage marks. Trucks aren’t allowed to leave the garage if brake failure has been diagnosed by one of the mechanics.

The FMCSA’s rules offer a more elaborate definition of what is expected during an inspection of a truck’s brake system. Too often, trucking companies violate these rules because their own mechanics lack the experience to do inspections. This tragic mistake often leaves victims of truck accidents with major injuries.

Other causes of brake failures in commercial trucks include misdiagnosed problems and manufacturer error. If brakes have been recalled for a specific vehicle, but not removed, this creates a more complicated case.

Who is responsible after a truck accident caused by brake failure?

Most personal injury claims hold more than one party liable. Depending on the cause of the crash, the amount of financial damages you could get is significant. For brake failure, possible defendants in a personal injury lawsuit could include the truck driver or the trucking company. The mechanic who handles brake inspections and the manufacturer of the brakes could also be at fault.

An experienced personal injury attorney can do a thorough investigation into what exactly caused the truck accident. Their knowledge can help find if brake failure was the leading cause of the crash. Also, their findings could show which parties to sue in any potential lawsuit. It’s important to pursue all parties to increase your chances of receiving a financial settlement from the defendant.

Getting compensation after a commercial truck accident

Immediately after being involved in a truck accident, your primary goal should be getting medical attention. Then, you can find an experienced personal injury attorney to help you get compensation. The best way to do this to file a personal injury claim. The opposing side in the claim will most likely be the insurance provider of the trucker or the trucking firm. If the evidence gives you a solid defense, your cash settlement payment should come to you in a timely manner.

But, insurance providers are known to drag the outcome of personal injury claims out too long. Often, they are trying to pin the blame of the accident on you. If this occurs, having a personal injury attorney is your best resource. Insurance providers rarely negotiate. Having quality legal representation might be the difference between winning and losing.

Have you been in a truck accident?

Contact Attorney Dean Boyd for more information on how we can help with your Truck Accident claim. Call us at (806) 242-3333 or Send Us an email to learn more about our Services. You can also visit our offices at 4423 SW SW 45th Avenue in Amarillo, Texas or 5012 50th Street #103 in Lubbock, Texas for more information.