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Like any other vehicle, trucks are equipped with safety mechanisms to help prevent accidents. For example, most commercial trucks have an emergency braking system that can be activated when the driver needs to stop on short notice. While these mechanisms do help prevent trucking accidents, brake failure still happens. When brake failures happen, the sheer size and weight of a commercial vehicle can lead to catastrophic injuries and permanent disability.
If you or a loved one were recently injured in an accident because of faulty truck brakes, you may be wondering who can be held liable for the damages. In some instances, the brake manufacturer, trucking company, and/or truck driver may be liable for the ensuing damages. To determine which parties are responsible, it is important to first understand how the truck brake failure happened. A hardworking attorney at our firm can help you preserve critical evidence, properly document your injuries, and deal with the insurance companies on your behalf.
Truck brakes may fail for a variety of reasons. Some of the most common reasons for truck break failure include:
When a truck’s brakes are poorly designed or defective, it may be possible to hold the manufacturer liable for a subsequent accident if you can prove their faulty product contributed to an otherwise preventable collision. However, since braking systems are typically standardized throughout the trucking industry, this is a rare occurrence. Still, the manufacturer has a duty to test and ensure that the brakes they sell will hold up on the road and in all foreseeable scenarios. If the manufacturer fails to meet this duty, they may be held liable in the event of an accident caused by faulty truck brakes.
If the braking system was improperly installed, inspected, or maintained, the trucking company may be held responsible for failing to ensure its equipment is safe for operation. Finally, a truck driver may be held liable for improper use or non-use of the brakes. In this case, the driver may have been speeding or driving in a reckless manner that prevented the brakes from functioning properly.
A thorough investigation can help determine the role that the driver and other parties may have played in a truck accident caused by faulty brakes. If you are facing the aftermath a truck accident, let a trustworthy attorney conduct a thorough investigation into whether faulty brakes contributed to your losses. Learning about the brakes’ condition, driver’s behavior, and other facts of the case can help you identify who may be liable for your injuries and damages.
Jan Dils, Attorneys at Law