Commercial trucks require complex, heavy-duty braking systems to help them slow down and stop. When a truck’s brake system suffers a mechanical failure, it can lead to a devastating collision with others on the road.
Proving that a truck’s brakes failed or that the failure caused a collision can be incredibly complicated. An experienced truck accident attorney can help you hold the responsible parties accountable if negligence played a role in the wreck.
Were you injured in a truck accident caused by a mechanical failure in Florida? Call or contact Brooks Law Group for a free initial case review with a skilled truck accident lawyer. We’re committed to pursuing the compensation you need for a secure financial future and the best possible recovery.
What to Do After a Truck Accident Caused by Brake Failure
If you’ve been injured in a truck accident that you suspect may have been caused by brake failure, you could be entitled to compensation from multiple sources. It’s essential to contact an experienced truck accident lawyer who can identify everyone who should be held liable.
At the scene, following these steps can help protect any future legal claims you need to file:
- Get the truck driver’s license number, registration, employer, and insurance information.
- Take photographs of the accident scene, especially photos of the truck, its wheels and brakes, and any skid marks that may indicate heavy braking (or no braking).
- Get names and contact information for any witnesses.
- If you did not need emergency medical treatment, see a doctor as soon as possible after the crash. Continue to follow your doctor’s orders to maximize your recovery.
- Keep copies of accident reports, bills, invoices, receipts, pay stubs, and income statements.
- Write a daily journal documenting your recovery process. This information can demonstrate the extent of your pain and suffering.
- Don’t post about the truck accident on social media. Anything you share publicly could be used against you, even if it seems harmless or irrelevant to your case.
Determining what caused the brake failure will be critical to identify who can be held legally at fault for the accident. You’ll benefit by having a truck accident lawyer investigate your case and gather the evidence necessary to build a strong claim on your behalf.
Common Causes of Brake Failure in Trucks
Brake failures can happen for a variety of reasons. For example:
- A design flaw may render the brakes unsafe for their intended uses.
- A defect during brake manufacturing or assembly could cause the product to fail.
- Improper inspections by truck drivers, trucking companies, and mechanics could fail to identify mechanical issues that could cause equipment breakdowns.
- Failure to perform mandatory maintenance on the truck may allow brake systems or brake parts to suffer failure from excessive wear and tear.
- Negligently performed maintenance could leave a truck’s braking system in a state that will lead to a brake failure (e.g., by not ensuring that hydraulic brake fluid lines are cleared).
- Drivers without adequate training can play a role in truck brake failure accidents. Commercial trucks have more complicated brake systems. If not correctly handled, those critical systems can fail.
How Our Attorneys Prove Brake Failure in a Truck Accident Claim
Brooks Law Group will look for evidence to prove that a brake failure in the truck led to the accident and your injuries. Examples of evidence that our Florida truck accident attorneys may use in your case include:
- Driver inspection logs: Truck drivers are required to conduct daily inspections of their vehicles. These inspection logs may show whether a driver identified a potential issue with a truck’s brake system that went unresolved before an accident.
- Truck maintenance records: Trucking companies and truck owners must maintain maintenance records for the vehicles in their custody. These records may show if the trucking company deferred required maintenance or if maintenance was improperly performed by those responsible for servicing the truck.
- Electronic data recorder data: Many commercial trucks have electronic data recorders, a sort of “black box.” These devices can record various information about the truck’s operation, including braking or whether the truck’s computer and sensors detected a fault in the braking system before the crash.
- Inspection of the truck: Our firm will inspect the truck involved in the crash, typically in collaboration with our engineering experts, to determine if the truck’s brakes or braking system may have suffered a failure before the crash.
Defect reports or recalls: Drivers and vehicle owners can report suspected defects in their vehicle or vehicle parts to the National Highway Traffic Safety Administration (NHTSA). In some cases, NHTSA may act by investigating reports of suspected vehicle defects. When agency officials conclude that a vehicle or vehicle part suffers from a fault, they will either encourage the manufacturer to issue a recall or issue a mandatory recall on its own. Our firm will search defect report records to determine if the truck’s braking system or brake parts have reported problems in the past.
Who Is Legally Responsible for a Truck Brake Failure Crash?
When a brake failure causes a truck crash, certain parties may bear responsibility for the accident and your injuries, including:
- The truck driver: If a trucker fails to conduct the required inspection of their vehicle that would have revealed a potential brake failure or negligently operated the truck knowing that the brakes were in disrepair, he or she could be held liable for the wreck.
- The truck company or the truck’s owner: Motor carriers must ensure that their fleets are safe. If evidence shows they did not perform maintenance on a truck, it could be held responsible for not doing its part to avoid a brake failure.
- The truck’s mechanic or third-party maintenance company: Negligent maintenance that allowed the truck’s brakes to fail could mean blame rests with the mechanic or garage hired to service the rig.
- The truck’s manufacturer or brake manufacturers: Companies can be held accountable if poor design or manufacturing defects in the brake system or brake parts caused the truck accident.
Contact Our Truck Accident Lawyers in FloridaToday
If you’ve been injured in a truck accident caused by brake failure or another type of mechanical issue, contact Brooks Law Group today for a free, no-obligation consultation. Let us explain your legal options for holding the trucking parties accountable to compensate you for your injuries and losses.
Call or contact us now.
