Truck Accident Lawyer for Air Brake Failure
A seasoned 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, they include:
- 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 through overheating;
- 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.
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