Brake Failure and Truck Accidents
November 5, 2009 by Marc
Filed under Profound Accidents
Brake failure is one of the leading causes of truck accidents. An uncontrollable truck barreling down the road can be a deadly weapon that cannot be stopped. The injuries could be limited to the driver if he rolls into a ditch or is stopped by a wall. The truck could also kill or injure any number of people who are unfortunately in the path of the truck.
There are several reasons for brake failure, including old or worn brakes. Brakes are supposed to be maintained to ensure that they are fully functioning at all times. When they fail, it is important to determine who is culpable in the event there is a liability lawsuit. The liable parties include the truck driver, the trucking company, and the person responsible for the trucks maintenance.
A truck driver is expected to know the condition of his truck at all times. He needs to be sensitive to any changes or problems that impact the safe operation of the truck. They are also required by law to perform brake checks prior to starting a trip. Some may feel that this step is unnecessary for every trip and skip the check. This can cause them to miss problems that can potentially cause brake failure. Truck drivers need to be diligent about making a brake check before each and every trip, and to also be aware if their brakes seem to be slipping or otherwise not performing correctly.
The trucking company may also be liable in the event of an accident due to brake failure. Some trucking companies have eliminated regular maintenance on their trucking fleets. They try to stretch out the time between replacing parts, letting brakes become old and worn. They may buy parts that are used or faulty in order to save money and cut costs. They may ignore a driver’s report of faulty or old brakes and insist that drivers go out on the road.
Sometimes the driver and the trucking company are doing the right things, but they have delegated the truck maintenance to a mechanic or technician. This person is in charge of keeping the trucking fleet running at peak performance and taking care of all repairs and routine maintenance. However, mechanics who take on too much work or unscrupulous ones may not perform the needed checks and repairs. They may falsely claim that a truck’s brakes are in great condition and safe for road travel.
Accidents that happen because of brake failure cause serious injuries and sometimes death. There are going to be ramifications including penalties and legal liabilities. Often an accident investigator is brought in to determine the cause of the accident and who was likely responsible.
The injured parties or survivors may elect to bring a civil lawsuit to recoup damages. There may also be penalties imposed by the local government and law enforcement if any of the parties were found to be negligent. This illustrates why proper and consistent maintenance is critical, as a brake accident can devastate all of the people involved.
This article is not intended for legal advice.
Continued Legal Reading: If you require additional information or legal guidance in your truck accident case please visit TruckAccidentLaw.org. Serving accident victims nationwide.
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