Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Truck accidents are among the most severe road accidents. Due to the size of the vehicles involved, truck crashes often result in devastating injuries, property damage, and loss of life. The consequences can be particularly alarming when faulty braking systems cause a collison. These accidents are not just the result of bad luck—they often stem from negligence by trucking companies, drivers, or manufacturers.
This guide explains the legal steps you should take after such an accident, who can be held accountable, and how Graves McLain Injury Lawyers can assist victims in navigating these complex cases.
Faulty braking systems are a leading cause of truck accidents. Braking systems can fail due to manufacturing defects, improper maintenance, or negligence by the driver or trucking company.
Why are faulty brake accidents so dangerous?
Trucks can weigh up to 80,000 pounds when fully loaded. A braking failure in a vehicle of this size dramatically reduces a driver’s ability to avoid collisions.
The results are often catastrophic, particularly for smaller vehicles involved in the crash.
“According to the Federal Motor Carrier Safety Administration (FMCSA), brake-related issues account for nearly 30% of all truck accidents in the United States.”
Proper maintenance and adherence to federal safety regulations could prevent many of these incidents. Unfortunately, negligence remains common, putting everyone on the road at risk.
Several factors contribute to braking system failures. Understanding these causes can help identify who may be held responsible when an accident occurs.
Defective brakes often prevent drivers from stopping in emergencies. Under strict liability laws, manufacturers can be held accountable if a design or production flaw causes the failure. You don’t even have to prove negligence to hold these parties accountable.
Trucking companies are required to inspect and maintain their fleets regularly. They may be liable for accidents resulting from failure to perform routine brake checks.
Drivers are responsible for reporting vehicle issues. Ignoring warning signs, such as squealing brakes or longer stopping times, can lead to accidents.
Loads exceeding weight limits can strain brake systems, making them more prone to failure. This issue is often tied to company policies prioritizing profit over safety.
Determining who is at fault in a truck accident involving brake failure is complex. Several parties may share responsibility, depending on the circumstances:
“The Federal Motor Carrier Safety Administration mandates that commercial vehicles must undergo regular brake inspections and meet specific performance standards outlined in 49 CFR Part 393.”
Taking the proper steps after an accident caused by faulty brakes is crucial for protecting your legal rights and securing compensation.
Seek Medical Attention
Your health comes first. Even if your injuries seem minor, get checked by a medical professional to document them and receive proper treatment. Save copies of your medical records and bills.
Report the Accident
Call law enforcement and file a detailed accident report. This report will be an essential piece of evidence for your claim.
Document the Scene
Photograph and video the accident site. Be sure to include the vehicles, skid marks, and road conditions. If possible, collect witness statements. At the very least, ask witnesses for their names and contact information.
Notify Your Insurer
Contact your insurance provider and provide them with the details of the accident. However, avoid making any statements that could harm your case, like suggesting you caused the accident.
Consult an Attorney
Truck accident cases are legally complex. An experienced attorney can help you identify liable parties, gather evidence, and negotiate with insurance companies.
Step | Action | Why It Matters |
Seek Medical Help | Prioritize your health | Protect your well-being and document injuries. |
Call Law Enforcement | File an official report | Essential for evidence and legal claims. |
Document the Scene | Take photos, videos, and notes | Preserves key details about the incident. |
Notify Your Insurer | Start the claims process | Ensures timely processing of your case. |
Consult an Attorney | Seek legal representation | Navigate complex liability and compensation. |
Victims of truck accidents caused by faulty brakes can get different compensation, depending on their injuries and losses.
Covers hospital bills, rehabilitation costs, and ongoing treatment for injuries.
If your injuries prevent you from working, you may recover compensation for lost income and reduced earning capacity.
Includes emotional distress, mental anguish, and diminished quality of life caused by the accident.
Covers repair or replacement costs for your vehicle and other belongings damaged in the accident.
Punitive damages may be awarded to penalize the wrongdoer in cases of gross negligence—such as ignoring critical maintenance issues.
“Under strict liability laws, brake manufacturers can be held accountable for defects even if the trucking company or driver was unaware of the problem.”
A: Responsibility may fall on the driver, trucking company, brake manufacturer, or maintenance provider. Liability depends on the specifics of the case.
A: Maintenance records, black box data, photos of the Scene, and expert testimony are critical pieces of evidence.
A: Yes. Under comparative negligence laws, your compensation may be reduced based on your percentage of fault.
A: Statutes of limitations vary by state but are typically 2-3 years from the date of the accident.
A: Experts in accident reconstruction or mechanical engineering can provide critical insights to support your claim.
Truck accidents caused by faulty braking systems can leave victims facing significant physical, emotional, and financial challenges. Understanding your legal rights and what to do after such an incident is essential for building a solid case.
The experienced attorneys at Graves McLain Injury Lawyers are ready to guide you through this difficult time. With a focus on personalized attention and thorough investigation, the firm can help you seek the compensation you deserve while holding the at-fault parties accountable.
Do you need support after a truck accident? An experienced truck accident attorney can make all the difference. Let us help you get back on track.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.