Some 29% of all trucking accidents are due to some sort of brake failure. Truck brakes are manufactured, maintained, and inspected in order to ensure high functionality. When large truck brakes do fail, fail safes usually exist to ensure that partial brake failure doesn't lead to an accident. For that reason, a truck accident caused by "brake failure" may actually be caused by a defective product and/or just a complete lack of reasonable maintenance on the truck.
If you or someone you love has been injured or killed in an accident due to brake failure or other wrongful conduct by the driver or owner of a commercial truck, call the Birmingham truck accident attorneys at Hollis, Wright, Clay & Vail. Our attorneys are skilled at evaluating every aspect of the special circumstances that exist in accidents with large trucks. Under Alabama law, you are entitled to compensation for emotional distress, medical bills, lost wages, and more should you be injured in a truck accident through no fault of your own. Unfortunately, accidents with large trucks can also be more catastrophic than accidents with smaller vehicles. Thus, the injuries can be devastating, permanent, and life-altering. You can call us at 844.LAW.TALK
or contact us online here
for a free and confidential consultation.
- The brakes are defective;
- The brakes were installed or repaired incorrectly;
- The brake system was not maintained properly; or,
- The driver did not use the brakes correctly.
There are times when the truck brakes are defective due to a manufacturing or design defect. If this is the case, you may be able to recover compensation from the designer, manufacturer, or other party involved in designing, making, marketing, and selling the truck or truck brakes. If the brakes were not defective, but they were installed or repaired incorrectly, the repair shop could be responsible for any damages or injuries arising from a truck accident caused by brake failure.
In some truck accidents, the brakes fail because the truck was not properly maintained. A commercial truck is a complicated vehicle that has many critical components and parts that comprise the entire braking system. As such, the commercial truck's braking system must undergo routine maintenance as well as annual inspections in order to ensure that the braking system is in good working condition. By law, the inspections, maintenance, and repair work should only be performed by a qualified and certified inspector or technician. If the company or truck driver fail to maintain the vehicle, including the brake system, the company may be held liable for the accident if the brakes partially or completely failed. If the company or truck driver fail to have competent, qualified and certified technicians inspecting and working on the truck's brakes, then that could be a source of liability as well, depending on the circumstances
Because the truck driver knows how the truck should handle in various situations, he is in the best position to know if the brakes are working correctly. However, the truck driver can also contribute to brake failure by operating the big rig in a careless manner, by speeding and stopping suddenly, or by allowing the truck to be overloaded. This all causes more rapid wear on the brake system and can lead to premature and unexpected brake failure.
Call Our Birmingham Truck Accident Attorneys Today
When a commercial truck is involved in a traffic accident, it is incredibly important that the responsible parties be identified as soon as possible. Trust the Birmingham truck accident attorneys at Hollis, Wright, Clay & Vail to determine why the brake failure occurred and who might be responsible for the brake failure that led to the accident. We will use internal and external investigators and forensic brake experts to determine how and why the accident occurred. Our lawyers routinely expend significant resources, financial and personnel, to investigate truck accidents, determine the cause of the accident, as well as identify the responsible parties. Additionally, it is imperative that the commercial truck involved in any incident be located, shut down, and preserved for evidentiary purposes. If not, the trucking company may dispose of critical evidence and/or make repairs before your attorney has an opportunity to inspect and photograph the truck. If this occurs, your case will be severely prejudiced, and it could be much more difficult to prove your case.
For these reasons, it is important to call the Birmingham truck accident attorneys at Hollis, Wright, Clay & Vail as soon as you are able to do so after receiving medical treatment. Rest assured, the trucking company and their liability insurance carrier will immediately go to work to try and defend any claim that you might pursue. Parties who could be responsible for a truck accident involving brakes include but aren't limited to: the truck driver, the trucking company, the shipper (loading error), the brake manufacturer, the truck mechanic, or the repair shop.
Once we determine who is responsible for the accident, we will handle every step of your claim to ensure you are compensated for any loss you experience. In many cases, the insurance company for the responsible party will fight aggressively to pay you as little as possible. Don't let big insurance companies take advantage of you in your time of need. Let us help. Call us at 844.LAW.TALK
or contact us here
for a free an confidential consultation.