Who’s To Blame For Faulty Brakes On Trucks?
When a semi truck’s breaks malfunction, it can be difficult to determine where the blame lies. Oftentimes it could involve multiple parties and it is dependent on what occurred to cause the accident. Brakes are a crucial part of any vehicle driving on the roads and when they fail, big problems can occur. Brake failure is a serious problem when dealing with large commercial trucks because they carry so much weight, which puts a lot of pressure on the brake system. In 2017, the U.S. Department of Transportation determined that mechanical failure accounted for 44,000 accidents. When the brakes fail unexpectedly, serious accidents can occur and they can cause life-threatening injuries
According to the Federal Motor Carrier Safety Administration, truck brake problems account for 29 percent of truck accidents. When brake failure occurs, it is difficult to determine who is directly at fault and the majority of times blame is placed on the truck driver. This is not always true because numerous parties could also be negligent before the truck driver operated the vehicle.
Who is at fault?
Mechanic- Oftentimes trucking companies will rely on a third party mechanic to complete routine inspections and repairs. If the mechanic failed to report or notice a defective brake system, they could be held liable in the event of a truck accident. It is their job to detect all sorts of problems and repairs to ensure the truck is in safe driving condition before it is driven on the roads.
Truck Driver- The law states that the driver of any vehicle is responsible for ensuring that they yield to cars in front of them and stop the vehicle to prevent any type of accident. The driver is responsible for the entire vehicle and needs to have control while driving on the roadways.
Truck Manufacturer- If truck brakes fail, there might be a malfunction with the entire brake system. It is important to inspect the entire system for any failures or defects. The manufacturer could be held liable for an accident if they produced a truck with defective brakes. It is their responsibility to ensure the brakes and the entire system works properly before putting trucks on the road.
Cargo Crew- If the loading crew us not familiar with how to attach and secure a trailer, they could overload the brakes, which could cause them to fail and lead to a serious accident. There are strict guidelines on what trucking companies can and cannot do when loading freight to avoid putting too much stress on the brake system. If these guidelines are not followed, the cargo crew could be held liable in the event of a brake failure accident.
Contact An Arizona Truck Accident Attorney
If you or a loved one has been injured in a truck accident caused by brake failure, protect your legal rights and contact a truck accident attorney. The Arizona truck accident attorneys at ELG can assist you and determine the best legal claim to file. Our team of truck accident attorneys wants to ensure that you receive the compensation you deserve. Our firm will help you every step of the way and file a claim on your behalf so you can focus on your recovery process. Contact us today at the Phoenix or Mesa Arizona law offices at (623) 877-3600 for a consultation.