Truck Accidents Involving Brake Failure

Truck accidents are among the most devastating types of automobile accidents. When a commercial truck experiences brake failure, the truck can slide into oncoming traffic and barrel into other vehicles. Unfortunately, truck accidents are far too common in North Carolina and throughout the country. Truck accidents frequently cause serious harm to the other motorists involved and sometimes lead to fatal injuries.

Recovering compensation after a truck accident can be difficult for several reasons. If you or your loved one has been injured in a truck accident caused by brake failure, you need an aggressive personal injury lawyer on your side. Contact Arnold & Smith, PLLC, today to schedule your free initial consultation.

Why Are Truck Brake Failure Accidents So Dangerous?

Brake failure poses a threat to all motorists and pedestrians on the road. Brake failure is likely to result in an accident with injuries when it happens with large commercial vehicles, including semi-trucks. When the brakes of a commercial truck fail, the truck driver often loses control of the vehicle and collides with other motorists. The cargo on the truck may become loose and fall out of the truck, especially if the cargo was improperly loaded in the first place.

Many federal and North Carolina regulations require semi-truck companies and drivers to keep their brakes working correctly and safely. Every commercial truck must have properly working brakes. Their brakes also need to be adjusted, inspected and maintained appropriately. These regulations note the specific requirements regarding the regular repair and maintenance of brakes. If truck drivers maintain and fix their brakes themselves, they must have enough training and familiarity with the brakes of large commercial trucks. Truck drivers should also inspect their semi-trucks regularly to identify and resolve any maintenance issues.

Proving Liability in a Brake Failure Accident

In some cases, when truck brakes fail, it is because one or more of the parties involved acted negligently or recklessly. Unfortunately, when truck brakes fail it can cause a devastating accident. One or more people may be liable for the injuries the victim suffered. If you have been involved in a truck accident, we recommend discussing your case with a lawyer as soon as possible. Your lawyer will be able to start investigating the accident to gather evidence. Many commercial trucks have black boxes that record essential data that may help you prove that the truck driver's negligence caused the accident.

Your lawyer may also be able to have someone examine the brakes themselves to look for any defects. If the brake or brake pads manufacturer produced a dangerous product that caused the accident, you might be able to bring a lawsuit against them. Your lawyer will help you determine who is liable and whom you can hold accountable through a personal injury lawsuit. In some cases, there will only be one liable person. Suppose the truck driver acted as an independent contractor and simply failed to take the truck in to get regular maintenance checks. If the brakes failed and caused your accident, you may be able to sue the truck driver.

However, you may be able to sue the truck driver and another person or company. Suppose the truck company employed someone who had no experience and knowledge about brake maintenance. The company did not require the driver to take the truck to a mechanic for regular inspections. As a result, the brake pads wore thin. The truck driver tried to stop, but the brakes failed. In this case, the victims or their loved ones may be able to bring a personal injury lawsuit or wrongful death lawsuit against the trucking company for negligent hiring and other negligent practices.

Trucking companies typically have more resources and better insurance coverage than individual truck drivers. Therefore, it is crucial that you work with an attorney who can determine whether you can sue the trucking company or another third party, such as the brake or brake parts manufacturer. There is always a risk that important evidence will disappear after a truck accident. The truck maintenance records, the truck itself, and the truck driver’s inspection reports are essential aspects of proving negligence. Speak to a lawyer as soon as possible after your accident so that your lawyer can ensure that the relevant evidence remains protected.

Contact a Charlotte Truck Accident Lawyer

Successful plaintiffs are entitled to compensation for their medical expenses, property damage, lost wages, and pain and suffering. North Carolina has a three-year time limit, or statute of limitations, in which you must file a personal injury lawsuit. Contact the experienced personal injury lawyers at Arnold & Smith, PLLC, to schedule your free initial consultation today. Call now at 704-370-2828.

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