Truck Accident Lawyer for Air Brake Failure
truck accident lawyer would know that mechanical failures lead to trucking accidents. Of these
mechanical causes, two of the biggest causes are defective tires and air
brake failures. The DOT (Department of Transportation) studies confirm
that as much as 24.9% of all semi-truck crashes are caused due to:
- Brake failures;
- Brakes that are out of adjustment;
- Some other type of brake related issue
If either you or someone that you love has been involved in any type of
trucking accident, The Doan Law Firm provides vital assistance. We will
ascertain what caused the failure, who’s responsible, and determine
whether you or your loved one has a valid claim deserving rightful compensation.
If you get a
truck accident lawyer from our firm, we’ll take your case on a contingency basis. You
don’t need to pay any legal costs upfront or throughout the duration
of your case. We earn our fee only after obtaining a successful outcome
on your trucking claim, through a small percentage of the settlement we
win on your behalf.
In other words, if we fail to obtain a successful outcome on your trucking
claim, you’ll never owe us a dime.
Additionally, our legal team employs top tier investigators in order to
determine what caused the failure, who’s at fault for the failure
and then who to file your claim against. All of this also falls under
the same contingency agreement mentioned above and there are no upfront
legal costs to you until we’ve achieved a favorable outcome on your case.
Who’s To Blame for Defective Brakes?
Whenever a truck’s brakes malfunction, the blame typically falls
to some combination of the following:
- Truck driver;
- Brake manufacturer;
- Company who loaded the truck;
- Responsible party for brake maintenance (trucking company or owner/operator)
You’ll often find that the leasing, hauling and trucking companies
start arguing amongst themselves over whose insurance policy will be responsible
for victim’s compensation. As an example, the trucking company may
make the claim that the trucking accident was caused by the brakes being
defective. In turn, the brake company may then point their finger over
at the leasing company saying that they failed to maintain the brakes
properly to keep them in a good working order. As you can see, the process
can be a vicious circle from which you can easily remove yourself by having
your trucking accident personal injury lawyer at The Doan Law Firm take
your place. Here’s a little more information on the different parties
and why each may hold responsibility for the trucking accident.
The Brake Manufacturer
The federal government imposes restrictions on trucks’ braking systems.
Semi-trucks must be able:
- To meet the system requirements for automatic brake adjustments;
- To decelerate to a complete stop from 20mph at a rate that’s specific
to its size;
- To develop a specific braking force this is based upon a percentage of
the weight of the truck
If the federal standards of the truck’s brakes aren’t met,
there’s a possibility to get a claim against the brake manufacturer.
There are usually two forms that these claims come from:
- The brakes were not designed properly by the manufacturer;
- The brakes were correct in the design; however, there was some defect that
happened within the manufacturing process
Both of these cases are referred to as product liability cases.
There are also instances of federal brake recalls, where the federal government
has already determined that specific brake parts are defective and requires
that the brake manufacturers take back all parts containing those defects.
Government-issued recalls represent powerful evidence that those specific
brakes are extremely dangerous.
Drivers and Trucking Companies
At times, either the truck company or driver neglects brake maintenance
for so long that they eventually fail. Although this negligence is wrong
by itself, the federal government also requires that commercial trucking
companies routinely perform maintenance according to a proper schedule.
Additionally, all truck drivers are required to both perform and complete
their daily pre-trip inspections and reports on the conditions of both
their tractor (the truck) and the trailer equipment. Of these inspections,
- Checking for loose brake components;
- Checking for improper loading and if the loading of the truck isn’t
distributed evenly having it reloaded as the brakes could malfunction
- Listening in the brake chamber for air leaks, and if there is air leaks
it could be indicative of problems within the brake system;
- Checking the brake shows in order to ensure that they’re properly
functioning and don’t have any missing or broken mechanical components
Truck Accidents Caused by Tire Problems
Almost everyone has seen the heavy and long strips of semi-truck tires
littering the roadways due to a tire blowout. Although there are many
causes of tire blowouts, sometimes they are linked to problems with the
brakes either directly or as a causal link.
As an example, let’s say a trucking company or truck driver fails
to properly maintain their tires. Their air brakes, which are the most
common types of brakes used on a semi-truck, are only able to take on
so much heat. So, when a truck attempts to fully stop from 60mph, the
brake’s drums will raise to 600 degrees in temperature. That’s
the full limit for operating safely. If the brakes of the truck aren’t
maintained or set properly, they may overheat and malfunction.
Contact The Doan Law Firm
The Doan Law Firm has both the professional obligation and the financial
resources to investigate your accident and pursue your claim until you’ve
received the maximum possible compensation for your claim. Our firm takes
personal injury claims throughout the country and handles serious trucking
accidents of all types.
There are times that victims may not be fully aware of the full extent
of their injuries and the full extent of the losses they’ve incurred
either now or in the future. Since there are strict statutes of limitations
in many states, it’s imperative that you have specialized legal
counsel on your side immediately after your accident. If your injuries
have left you unable to travel, the lawyers at The Doan Law Firm will
travel to you no matter where you are, whether it’s to your place
of business, your home, or to your hospital room.
Please contact us at any time 24/7/365, no matter the time of day or holiday.
Our experienced trucking accident personal injury lawyers are available
to take your call no matter the time of day or holiday at (800) 349-0000.
We look forward to helping you soon.