California Truck Accidents Involving Brake Failure

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Sargent Law Firm Injury Lawyers are experienced attorneys for truck accident victims in California that may be due to brake failure.

The brakes are perhaps one of the most crucial parts of a truck. Without the ability to stop, the truck may crash into vehicles around them on the road at full speed. Truck accidents at high speed can cause serious injuries to drivers and their passengers. If you or a loved one have suffered an injury in a truck accident, the attorneys at the Sargent Law Firm Injury Lawyers in California can help you recover financial compensation if the accident was the truck driver’s fault.

Common Causes of Brake Failure on Trucks

Brakes are precision instruments, and they must work perfectly. Even the slightest error or defect can cause them not to work properly. The truck driver has little margin for error when applying the brakes since it can take about one-tenth of a mile for the truck driver to come to a complete stop when the truck driver is traveling at 55 miles per hour. Brake failures can happen in an instant.

There are a number of things that can cause the brakes on a truck to fail. The most common cause of brake failure is improper maintenance. A trucking company has a legal obligation to put roadworthy trucks out onto the road. They must properly inspect and maintain the trucks. In addition, the driver must make a visual inspection of the truck before they begin their shift.

The reality is that the trucking company often cuts corners on maintenance and inspections. It is expensive to maintain trucks. In addition, taking a truck off the road due to maintenance issues will cost the trucking company significant money and can lead to delays in shipping, costing the trucking company customers.

The continued operation of the truck can also cause brake failure. Common reasons why brakes will fail over a long journey include:

  • Contamination by oil
  • Sticky calipers
  • Leaky fuel lines

The Truck Driver May Also Be to Blame for the Accident

Many of these issues can be detected by the driver’s routine pre-trip inspection. The driver is under a legal obligation to keep the truck off the road if there are maintenance issues.

The truck driver may also be the cause of the accident. How the driver operates the vehicle can cause damage to the brakes. For example, if they repeatedly jam the brakes during a long journey, it can cause them to wear down.

In addition, the driver is the first line of defense when there are issues with the brakes and should notice the problem and report it. The driver should ensure that the truck receives the proper inspection and maintenance. However, truck drivers are often under pressure to keep going to reach their destination.

Brake failures can cause serious truck accidents. The main type of accident from a brake failure is a rear-end crash. Because of the large size of the truck and the force of the accident, the passenger car driver can suffer significant injuries. In addition, brake failures can also cause rollover accidents when the truck driver loses control of the truck.

Who You Can Sue in a Brake Failure Truck Accident Case

There are a number of people or companies who can be liable for a truck accident:

  • The most common defendant is the trucking company, both because they failed to maintain the truck properly and because they are legally responsible for the actions of the driver.
  • The trucking company may have outsourced the maintenance to a third-party company. Both the third party and the trucking company can be responsible for the brake failure.
  • The manufacturer of the brakes can be liable in a product liability lawsuit if the brake failure were the result of defective brakes.

Your truck accident attorney will perform a complete investigation of the accident to determine who may have been responsible for your injuries. The accident can have been the fault of a number of parties, and your truck accident lawyer can pursue all of them for financial compensation.

With every truck accident lawsuit, you will need to prove that the defendant was negligent. This legal test involved proving that the defendant acted unreasonably under the circumstances. In reality, a truck’s brakes should never fail. If your attorney can pinpoint brake failure as the cause of the accident, chances are that someone was negligent.

Damages in a Truck Accident Lawsuit

If you can prove liability, you may be entitled to the following elements of financial compensation:

  • The complete cost of your medical care
  • Lost wages for the time that you missed from work
  • Pain and suffering for your post-accident ordeal
  • Loss of enjoyment of life

If your loved one died in a truck accident, your family might be entitled to wrongful death damages to pay for your own personal injury from losing a close family member. All told, your financial compensation in a truck accident case can be considerable due to the severity of your injuries.

Contact a California Truck Accident Lawyer Today

The attorneys at the Sargent Law Firm Injury Lawyers are not afraid to take on large trucking companies and their insurance providers to get you the compensation that you deserve after an accident involving brake failure. Your first step to beginning the legal process is to schedule a free initial consultation. You can reach out to us online or call us today at 844-SARGENT to speak with an attorney about your case.

Truck Accident Case FAQs

How long will my truck accident case take?

It is hard to say because many timelines can vary in negotiations, but you should expect the case to take 1-2 years.

Do I need a truck accident attorney?

You do not legally need an attorney, but every practical aspect of your case requires that you hire an experienced lawyer.

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