According to recent studies, nearly 30% of all trucking accidents involve a form of brake failure. When brakes fail accidents & injuries occur, and the responsible parties must be held accountable.
Free Trucking Accident Case Evaluation: If you or a loved one has been injured as a result of an accident caused by a semi truck, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.
What’s the problem?
Big rig trucking accidents are often caused by brake failures and defective tires. In fact, a recent study sponsored by the Department of Transportation (DOT) found that 29.4% of all large truck crashes involved brake failure, brakes out of adjustment, or other brake-related issues. When brakes malfunction, blame may be placed on a number of parties including:
- the driver
- the company that loaded the truck
- the party responsible for maintaining the brakes (often the owner-operator), and
- the manufacturer of the brakes
Sometimes actions taken by the truck driver or trucking company, or negligent inaction, causes brakes to fail. Some drivers deliberately unhook or de-power the front brakes and rely upon the brakes of the trailer and downshifting to stop or slow the vehicle. This is done to minimize the expense of tire and brake wear.
Federal regulations require that commercial trucking companies keep maintenance records demonstrating that maintenance has been performed according to schedule. Additionally, every driver is required to preform and complete a daily pre-trip inspection report of the condition of the tractor trailer equipment.
Brake Laws by State
Brake laws by state are as follows:
- Alabama: required over 3,000lbs GVW
- Alaska: required over 3,000lbs GVW
- Arizona: required over 3,000lbs GVW
- Arkansas: required over 3,000lbs GVW
- California: required over 3,000lbs GVW
- Colorado: required over 3,000lbs GVW
- Connecticut: required over 3,000lbs GVW
- Delaware: all vehicles
- District of Columbia: required over 3,000lbs GVW
- Florida: required over 3,000lbs GVW
- Georgia: required over 3,000lbs GVW
- Hawaii: required over 3,000lbs GVW
- Idaho: Trailers must have independent braking system
- Illinois: required over 3,000lbs GVW
- Indiana: required over 3,000lbs GVW
- Iowa: required over 3,000lbs GVW
- Kansas: every vehicle
- Kentucky: no specific laws
- Louisiana: required over 3,000lbs GVW
- Maine: required over 3,000lbs GVW
- Maryland: required over 3,000lbs GVW
- Massachusetts: trailers over 10,000lbs
- Michigan: required over 3,000lbs GVW
- Minnesota: trailers over 3,000lbs
- Missouri: no trailer requirements
- Montana: required over 3,000lbs GVW
- Nebraska: required over 3,000lbs GVW
- Nevada: required over 1,500lbs GVW
- New Hampshire: every trailer
- New Mexico: required over 3,000lbs GVW
- North Carolina: 4,000lbs GVW
- North Dakota: every trailer
- Ohio: required if trailer has empty weight of 2,000lbs GVW
- Oklahoma: required over 3,000lbs GVW
- Oregon: not required
- Pennsylvania: every trailer must be equipped with adequate brakes
- Rhode Island: required over 4,000lbs GVW
- South Carolina: required over 3,000lbs GVW
- South Dakota: required on all trailers
- Tennessee: required over 3,000lbs GVW
- Texas: required over 4,500lbs GVW
- Utah: every vehicle
- Vermont: required over 3,000lbs GVW
- Virginia: required over 3,000lbs GVW
- Washington: required on all vehicles
- West Virginia: required over 3,000lbs GVW
- Wisconsin: required over 3,000lbs GVW
- Wyoming: every vehicle
Do I have a Trucking Accident Lawsuit?
The Personal Injury Litigation Group at our law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in trucking accident lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.