The Federal Motor Carrier Safety Administration reports that brake failure is a factor in 29% of truck accidents. Truck accidents due to brake failure cause serious injury, wrongful death, and economic damage.
Horton & Mendez Injury Attorneys explain truck accidents due to brake failure and what you need to know if you’re a victim.
Truck Brake Failure Accidents
When truck brakes fail, trucks become uncontrollable. This is a problem for other vehicles on the road and pedestrians. Rear-end, sideswipe, and multi-vehicle accidents may occur.
Vehicles are meant to travel fast. Brakes allow a vehicle to travel at high speeds but stop at the direction of the driver. When brakes fail, the vehicle doesn’t stop when the driver applies the brakes.
Brake failure is not poor driver skill. The driver applies the brakes, but they don’t function properly.
How Brake Failure Contributes to Catastrophic Truck Accidents
Common causes of brake failure in trucks may include the following:
- Wear and tear—Vehicle components can wear out over time, resulting in failure.
- Weather—Extreme temperatures, liquids, and road salt can cause corrosion.
- Overweight—When a truck is overweight, it can strain the brakes.
- Uneven load—Uneven load can put abnormal pressure on brakes.
- Damaged seal—Brake seals prevent fluid leaks and prevent buildup of dirt and debris.
- Overheating—Overheating can result in a loss of braking power.
- Poor installation—When brakes are installed incorrectly, there may be uneven wear and tear, overheating, and abnormal response.
- Lock failure— Worn or damaged components may cause brakes to stick to wheels.
- Manufacturing defect—Brakes may be faulty off of the manufacturing line.
- Design defect—Manufacturers may have designed a product that created an unreasonable risk of harm.
There may be multiple contributing causes of truck brake failure.
Understanding Semi-Truck Brake Failure
Almost all modern passenger vehicles use a hydraulic braking system. Hydraulic brakes use brake fluid to assert force, multiplying that force in the process.
Hydraulic brake systems aren’t enough for large commercial trucks. Instead, semi-trucks have air brakes.
Instead of brake fluid, trucks use air. These systems are also called compressed air brake systems.
In a truck air brake system, a compressor ingests air, compresses, and stores it. When a driver applies the brakes, air travels through a valve system to engage the brakes. When failure occurs, the brakes do not engage. Alternatively, brakes may malfunction by engaging and failing to release.
Understanding the Responsibility: Driver, Company, or Manufacturer?
Truck brake failure accidents may have multiple parties at fault. There may be direct causes of the accident. Plus, there may be underlying factors that happen days, weeks, or even years in advance of the collision.
For example, the immediate cause of the crash may be driver errors. Commercial driving is a skill, which is why a commercial driver’s license is required. A truck driver must know how the brakes feel, operate, and react differently than passenger vehicles. They must know not to ride the brakes downhill to avoid brake failure. They must be able to recognize the signs of abnormal function and when to stop their vehicle.
Aside from the driver, there are ways that the trucking company may be liable. For example, it may have failed to adequately run background checks on its drivers and hired a driver with a history of careless driving. The company may have failed to ensure that maintenance inspections were carried out. Flaws in components may have been discovered, but nothing was done.
The trucking company and driver may share responsibility for an overweight or uneven load.
Both parties may have had a responsibility to monitor the load and ensure its safety for transport.
The truck manufacturer, or the manufacturer of the brakes, may be liable for truck brake failure.
The brakes may have been assembled or installed incorrectly. They may be designed in a way that makes them too likely to fail. The manufacturing company may have failed to provide adequate instructions regarding safe use.
Part of bringing a legal claim for a truck accident due to brake failure is determining the party with legal responsibility. As you can see, there may be multiple parties to name in a case.
Legal Options for Victims of Truck Accidents Caused by Brake Failure
A victim of a truck accident caused by brake failure may have the right to claim financial compensation. In North Carolina, a victim may receive compensation if someone else is at fault for the crash. Fault is typically based on negligence.
How To Prove Brake Failure in a Truck Accident Claim
There are several methods to prove brake failure in a truck accident claim. You may petition the court to inspect the truck. Accident reconstruction and expert witnesses may explain the movement of vehicles and how the truck likely reacted in certain conditions. Witnesses can also testify about what they observed.
You may defend against suggestions of other causes of the accident.
Proving brake failure in a truck accident claim is likely a mix of factual and expert witnesses. In addition to proving that brake failure occurred, you must also prove that it is the cause of the accident and injuries.
Reducing the Risk of Brake Failure Accidents
As commercial drivers, semi-truck operators, and the companies they work for must take reasonable steps to reduce the risk of brake failure accidents. Companies should have sufficient:
- Training regarding safe operation of brakes
- Inspections at regular intervals and when there is a reason to believe components may need attention
- Maintenance, including record-keeping
- Culture, ensuring a work environment that favors safety
- Oversight, ensuring that best practices are executed, without cutting corners
- Vehicles in case one needs to be removed from service
- Planning for road conditions, including challenging and unusual terrain
Passenger vehicle drivers should maintain their braking system and adjust their driving for unusual road conditions.
Contact an Experienced Wilmington Truck Accident Lawyer
If you are the victim of a truck accident due to brake failure, contact Horton & Mendez Injury Attorneys. You may deserve compensation. Our attorneys can help you evaluate your case, build the evidence, and pursue your monetary award. Call or message us now.
