By: James C. Beardsley, Esq., Portland, Maine
When you’re in any kind of accident it’s traumatic at best. Truck accidents, however, are far worse because of the sheer size of the vehicles involved and the much greater amount of damage inflicted. Further, when you’re involved in an accident with a truck you may not even be sure who is responsible for the damage, especially if the accident was caused by a mechanical problem like brake failure. Learn what happens when brake failure causes a car accident, and how a truck accident lawyer can help you with your case.
Trucking Accidents and Brake Failure
Brake failure is one of the leading causes of truck accidents. The Department of Transportation discovered that almost 30 percent of all crashes involving large trucks are caused by brake-related issues including mechanical issues like maladjusted brakes, excessive wear and other causes of failure.
When you’re injured in a truck accident you need to know who is responsible so you can seek compensation. Unfortunately, these sorts of incidents can get complicated. Is it the driver’s fault? How about the brake manufacturer? Is there a third-party such as the owner of the trucking company that’s responsible for maintenance? What about the loading company?
There are any number of reasons the brakes might have failed and who is responsible depends largely on what happened. In fact, a lot of these parties might play a blame-game to try and avoid responsibility. That’s why it’s important to discover how and why the brakes failed.
If the brakes were unable to apply a certain level of braking force, decelerate in an appropriate amount of time relative to its size, and meet automatic adjustment system requirements, they do not measure up to federal standards, which means the brake manufacturer may be at fault.
If the brakes have been depowered, are not set properly or the maintenance has been faulty, the trucking company could be responsible. Federal regulations require regular checking of the brake shoes for broken, loose or missing components, for leaks in the chamber and other problems.
Finally, if the load in the truck is not evenly distributed, it could cause overheating and malfunctioning of the brakes. This would hold the loading company or crew responsible.
South Carolina Truck Accident Lawyer
If you’ve been injured in a truck accident, you deserve compensation for your injuries. It’s important, however, to get the right representation to ensure that the responsible parties are held accountable for what’s happened.
As the insurance companies and various involved parties do their best to avoid payouts and to pass the blame, you deserve someone to stand in your corner and make sure that you get the payout you need to pay your bills and get your life back on track. A truck accident lawyer knows how to fight insurance company strong arm and avoidance tactics and protect your rights every step of the way.
If you find yourself in this situation, we are ready to help. Contact the attorneys at Harris & Graves for more information and a free, no-obligation consultation of your case, today!
About James C. Beardsley
James C. Beardsley is a truck accident lawyer in Portland, Maine and also welcomes cases related to car accidents, motorcycle accidents, pedestrian accidents, and product liability. James currently serves as the lead attorney at Lowry & Associates and previously served in the United States Marine Corps. While in the Marines, James was awarded the Navy and Marine Corps Commendation Medal when serving as a prosecutor for the Second Marine Expeditionary Force.