Published by At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to oil field accidents. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
Table Of Contents
- Truck Brake Failure Lawsuit Overview
- Latest Truck Brake Failure Lawsuit Updates
- DOT Reports and Statistics
- Truck Brake Failure Injuries & Side Effects
- Do You Qualify for a Truck Brake Failure Lawsuit?
- Truck Brake Requirements Information
- Statute of Limitations for Truck Brake Failure Lawsuits
- FAQs
- 1. Who can file a lawsuit related to semi-truck brake failures?
- 2. What must be proven to win a semi-truck brake failure lawsuit?
- 3. What compensation might I receive from a semi-truck brake failure lawsuit?
- 4. Who might be liable in a truck brake failure accident?
- 5. Why do truck brakes sometimes fail?
- 6. How common are truck accidents caused by brake failures?
- 7. Are there federal regulations governing truck brake maintenance?
- Get A Free Truck Brake Failure Lawsuit Evaluation With Our Lawyers
- Reference:
Truck Brake Failure Lawsuit Overview
Trucking accident lawsuits involving brake issues focus on the negligence of parties such as drivers, maintenance providers, brake manufacturers, and trucking companies.
According to the Department of Transportation, approximately 29.4% of large truck crashes involve brake-related issues, including brake failure, brakes out of adjustment, or inadequate maintenance.
These lawsuits aim to hold responsible parties accountable for preventable crashes that result in serious injuries, seeking compensation for victims’ medical expenses, lost wages, and other damages.
Latest Truck Brake Failure Lawsuit Updates
- November 2, 2024 – Justia reports that brake failure lawsuits often focus on whether the trucking company followed federal maintenance standards and whether the brake system was overloaded or defective [1].
- May 2, 2023 – According to the Simon Law Group, brake failure accidents may involve liability from multiple parties—such as negligent trucking companies, drivers, or faulty parts manufacturers.
- March 16, 2023 – Penney & Associates notes that determining fault in truck brake failure cases often requires technical inspections and expert legal analysis of the truck’s maintenance records.
DOT Reports and Statistics
The Federal Motor Carrier Safety Administration (FMCSA), under the Department of Transportation (DOT), maintains extensive data on trucking accidents.
According to the FMCSA’s Large Truck Crash Causation Study, approximately 29.4% of large truck crashes involve brake-related issues, such as brake failure, brakes out of adjustment, or inadequate maintenance.
These brake problems are a leading mechanical cause of trucking accidents on American roads, highlighting the importance of compliance with FMCSA regulations for brake maintenance and inspections.
Truck Brake Failure Injuries & Side Effects
When truck brakes fail, the consequences can be catastrophic due to the size and weight of commercial vehicles. Victims may suffer various serious injuries:
- Traumatic Brain Injuries: Severe impacts can cause lasting neurological damage
- Spinal Cord Injuries: Can lead to partial or complete paralysis
- Crush Injuries: When smaller vehicles are compressed by trucks
- Wrongful Death: Fatal injuries resulting from high-speed collisions
Do You Qualify for a Truck Brake Failure Lawsuit?
You may qualify for a truck brake failure lawsuit if:
- You or a loved one was injured in an accident involving a commercial truck
- The accident investigation revealed evidence of brake failure or improper brake maintenance
- Your injuries required medical treatment or hospitalization
- You can provide medical documentation linking your injuries to the truck accident
Evidence Required for a Truck Brake Failure Lawsuit
To successfully pursue a truck brake failure lawsuit, important evidence includes:
- Police accident reports identifying brake issues
- Truck maintenance records showing negligent upkeep
- Driver inspection reports (federal regulations require daily pre-trip inspection reports)
- Medical records documenting injuries and treatment
- Expert testimony from accident reconstructionists or mechanical engineers
Damages You Can Recover
In a successful truck brake failure lawsuit, you may recover compensation for:
- Medical expenses, including current and future treatment costs
- Lost wages and diminished earning capacity
- Pain and suffering
- Property damage
- Rehabilitation costs
- Punitive damages in cases of extreme negligence
Also Read:
Truck Brake Requirements Information
Federal regulations mandate that commercial trucking companies maintain detailed maintenance records demonstrating that brake maintenance has been performed according to schedule.
Additionally, every truck driver must perform and complete a daily pre-trip inspection report documenting the condition of the tractor-trailer equipment, including the braking system.
State laws also govern brake requirements for commercial vehicles. Most states require braking systems on trailers over 3,000 pounds gross vehicle weight (GVW), though specific requirements vary by state:
- Most states (34): Required over 3,000lbs GVW
- Some states (Delaware, Kansas, Utah, Washington, Wyoming): Required on all vehicles
- Texas: Required over 4,500lbs GVW
- Rhode Island: Required over 4,000lbs GVW
- North Carolina: Required at 4,000lbs GVW
- Massachusetts: Required for trailers over 10,000lbs
- Nevada: Required over 1,500lbs GVW
- Oregon: Not required
- Kentucky: No specific laws
Statute of Limitations for Truck Brake Failure Lawsuits
The time limit to file a truck brake failure lawsuit varies by state, typically ranging from 1-3 years from the date of the accident.
It’s critical to consult with an attorney as soon as possible after an accident to ensure your claim is filed within the applicable statute of limitations.
FAQs
Victims of semi-truck accidents caused by brake failures, including drivers, passengers, pedestrians, and their families, can file a lawsuit. This includes anyone who sustained injuries or suffered losses due to the accident.
2. What must be proven to win a semi-truck brake failure lawsuit?
To win, plaintiffs must prove that the brake failure was due to negligence, improper maintenance, or a defect, and that this directly caused the accident resulting in injuries or damages.
3. What compensation might I receive from a semi-truck brake failure lawsuit?
Compensation can include medical expenses, lost wages, pain and suffering, property damage, rehabilitation costs, and possibly punitive damages depending on the severity of the harm caused and the level of negligence.
4. Who might be liable in a truck brake failure accident?
Multiple parties may be held liable, including the truck driver, the company that loaded the truck, the party responsible for maintaining the brakes (often the owner-operator), and the manufacturer of the brakes if a defect is found.
5. Why do truck brakes sometimes fail?
Truck brakes can fail due to poor maintenance, overloading, improper adjustments, manufacturing defects, or deliberate tampering. Some drivers deliberately unhook or de-power the front brakes to minimize tire and brake wear expenses, relying instead on trailer brakes and downshifting.
6. How common are truck accidents caused by brake failures?
According to Department of Transportation studies, 29.4% of all large truck crashes involve brake failure, brakes out of adjustment, or other brake-related issues [1].
7. Are there federal regulations governing truck brake maintenance?
Yes, federal regulations require commercial trucking companies to maintain detailed records showing scheduled brake maintenance. Additionally, drivers must complete daily pre-trip inspection reports of their vehicles, including brake systems.
Get A Free Truck Brake Failure Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for truck brake failure injuries. Most states allow only 1-3 years from the date of injury to file a claim, making it essential to consult with an attorney promptly.
The Personal Injury Litigation Group at our law firm offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees
- Payment only if we win your case
If you or a loved one has been injured as a result of an accident caused by a semi-truck brake failure, contact our law firm immediately. Our experienced team of trial lawyers focuses exclusively on representing plaintiffs in trucking accident lawsuits nationwide.
Reference:
- https://www.justia.com/truck-accidents/causes-of-truck-accidents/braking-errors-and-truck-brake-failure/