When brakes on a large commercial truck are in some way damaged or worn, poorly maintained, or defective, the result can include devastating accidents resulting in catastrophic injuries or even death. If you suffered injuries due to worn, poorly maintained or defective brakes from a commercial truck, learn how a Los Angeles brake problems lawyer can fight for justice and compensation on your behalf. Contact our legal team at Pintas & Mullins Law Firm at (800)-794-0444 for a free consultation.
Types of Accidents Involving Brake Problems
The failure of a truck driver, trucking company, the private company that owns the commercial trucks, or maintenance company to properly inspect, repair, or maintain brakes on a large commercial truck can lead to devastating accidents. Some of the types of accidents involving brake problems include the following examples.
Many brake failures on large commercial trucks are preventable through proper inspection, repair, and maintenance. Truck drivers, trucking companies, companies that own a fleet of private trucks, and maintenance companies all have an important legal duty. This duty is to ensure that the brakes on the commercial trucks transporting their goods are operational and safe for the roadways.
Overloading or Improper Loading of Cargo
When brake pads are already worn or poorly maintained in any way, the ability for the brakes to effectively stop substantial amounts of weight traveling at high speeds on the roadways can prove challenging. Additionally, if a commercial truck remained overloaded or improperly loaded, the brakes would need to work harder to stop the additional stress of weight or shifting cargo.
The State of California Department of Motor Vehicles directly addresses the way cargo should remain weighted, balanced, and secured. In cases of overloaded or improper loading, the truck driver, trucking company, the company owning the fleet of trucks, or the third-party company responsible for loading cargo onto the commercial truck would remain liable for any injuries or losses suffered by a victim.
An investigation into an accident involving a commercial truck may determine that the brakes were faulty or defective. If a manufacturer placed defective, flawed, or faulty brakes into the stream of commerce that caused an accident, or caused an accident to be more severe, a victim may file a claim directly against the manufacturer under product liability law.
Congress passed the Product Liability Fairness Act in order to ensure that victims of defective products have a course of action regarding how to receive compensation for their injuries due to a faulty or flawed product placed in the stream of commerce. Product liability cases can prove complex and challenging for victims to bring against a manufacturer. Learn how a Los Angeles brake problems lawyer can help you determine your rights under product liability law.
For a free legal consultation with a Brake Problems Accidents Lawyer serving Los Angeles, call (800) 794-0444
Determination of Liability
Determining who acted negligently and is liable occurs after accidents. However, in the case of a trucking accident, a victim may have multiple parties to file a claim against for their injuries and losses.
- Truck Driver. If the truck driver knew or should have known that the brakes on their commercial truck had significant issues but continued to drive the truck, they may remain liable and accountable. Additionally, if a truck driver knew that their truck remained overloaded, incorrectly loaded, or in any way exceeded safety standards by placing too much pressure or strain on the commercial truck’s brakes, they may also remain liable for any resulting injuries or damages.
- Trucking Company/Company Owning Fleet of Trucks. If the driver of the truck is an employee of the trucking company or another company, the responsibility for their negligence will rest with the company under a legal theory known as respondeat superior. Also, if a mechanic employed by the company failed to correctly inspect, maintain, or replace brakes, the company will also remain liable.
- Independent Mechanic. If the trucking company hires an independent mechanic to inspect and maintain the truck brakes and the commercial truck’s brakes fail to operate correctly, causing an accident, the independent mechanic performing brake maintenance and inspections will remain liable for a victim’s injuries and losses.
Los Angeles Brake Problems Accidents Lawyer Near Me (800) 794-0444
Building a Personal Injury Case
In order to determine liability or build a strong personal injury case on behalf of victims, an independent investigation should occur that includes obtaining the correct evidence, testimony, and documentation regarding the commercial truck’s brakes. Some of the documentation needed to build a personal injury case based on a brake problem in an accident involving a commercial truck includes the following:
- Truck maintenance logs
- Brake inspection records, including maintenance, repair, and replacement
- Photographs of the brakes, brake shoes, and brake drums on the commercial truck following the accident
- Photographs of the skid marks, which document how long it took for the commercial truck to stop
- Interviews of the truck driver, mechanics, trucking company, and any person involved in the maintenance, repair, and replacement of the commercial truck’s brakes
- Expert witness testimony detailing whether or not the accident was in any way preventable through proper repair, replacement or maintenance of the truck’s brakes
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Pintas & Mullins Law Firm Can Help
If you were in an accident involving a large commercial truck, an investigation may determine that the cause of the accident was directly the result of faulty or poorly maintained brakes on the truck. Consider visiting with our legal team at Pintas & Mullins Law Firm at (800)-794-0444 for a free consultation to learn more about your rights, and how a Los Angeles brake problems lawyer can help provide you the information you need to help you determine liability in your case.