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Truck Accidents Caused By Break Failure

Updated July 31, 2020 | By Wilson Kehoe Winingham staff

When large trucks such as semis and tractor-trailers are involved in an accident, mechanical failure is a common cause.

In fact, the United States Department of Transportation estimates that nearly 30% of all large truck accidents are caused by brake-related issues.

Federal Brake Regulations

Truck braking systems are tightly regulated by the federal government. According to these regulations, trucks must be able to do the following:

  • Develop a braking force determined by a percentage of the truck’s weight
  • Decelerate to a stop from 20 mph at a rate specific to the truck’s size
  • Comply with every automatic break adjustment system requirement

If federal regulations are not met, a claim against the manufacturer is possible. After an accident, it could be argued that either the brakes were not designed properly or, if they were designed properly, a defect occurred during the manufacture.

The federal government recalls brakes that have been proven defective. In these cases, brake manufacturers must recall their defective parts or brakes.

Determining Fault After Brake Failure

When brakes do not work properly, several parties may be at fault:

  • The company responsible for loading the truck
  • The owner/operator or other entity responsible for maintaining the breaks
  • The driver
  • The brake manufacturer

It is not uncommon for these parties to argue about responsibility in the case of an accident. For example, an owner/operator might be accused of improper maintenance and then show that the malfunctioning brakes were the result of improper loading.

Contact a Truck Accident Attorney Today

Truck accident cases can be more complicated than accidents involving only passenger cars. The trucking industry is highly regulated, and injuries tend to be more severe and complex. We always recommend discussing your truck accident injuries with a personal injury attorney. The lawyers at Wilson Kehoe Winingham have experience with truck accident cases, know what to look for, and are knowledgeable about the laws regulating the trucking industry. 

If you or a loved one have been injured as a result of a truck accident, contact the Indianapolis Truck Accident Attorneys of WKW. We can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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