Commercial trucks are essential for transporting goods across the country. However, when a truck’s brakes fail and cause an accident, determining who is liable can be complicated. There are several factors that go into establishing liability in cases of brake failure in commercial trucks.
Mechanical Failure vs. Driver Error
The first issue to examine is whether the brake failure was due to a mechanical defect or driver error. If the truck had faulty brakes that malfunctioned, then the trucking company or manufacturer may bear some liability. They could be considered negligent if proper inspections and maintenance were not performed.
On the other hand, if the driver improperly used the brakes, like riding them too much causing them to overheat, then the driver would likely hold much of the liability. Their negligence led directly to the brake failure. Eyewitness accounts and black box data can help determine the cause of the brake failure.
Company Maintenance Records
The maintenance history of the truck’s brakes is another vital piece of evidence. Trucking companies are required by federal regulations to adequately maintain their vehicles, including brakes. If the company has no records showing brake inspections, changes, and replacements when needed, then they could be found liable.
If maintenance records show the brakes were serviced properly before the incident, then liability would likely shift to other parties like the driver or manufacturer. Detailed maintenance records would show the company was not negligent in upholding its duties.
Manufacturer Defects
In some cases, an issue with the brake system design or manufacturing can directly lead to failures. For example, a part may be defective or brakes incorrectly installed by the manufacturer. The trucking company likely would not be liable since they did not cause the defect. The manufacturer may be considered negligent if they failed to identify and correct the issue before selling the truck.
Lawsuits against manufacturers require detailed investigations into their design, testing, and manufacturing processes. Documentation of specific defects in the brakes can establish strong cases for manufacturer liability.
Driving Conditions
Road conditions at the time of the brake failure also impact liability. Wet, icy, or poorly maintained roads can affect braking capabilities. Traffic and road debris can as well. The driver may not necessarily be negligent if their brakes failed due to exceptional conditions out of their control.
However, if the conditions were normal and the driver misjudged their braking, then they would bear more responsibility. Eyewitness statements, weather reports, and road maintenance records could provide evidence about conditions.
Government Regulations
Determining liability also depends heavily on regulations for commercial trucks mandated by the U.S. Department of Transportation. These include requirements for regular brake inspections by mechanics, brake maintenance, driver pre-trip inspections, and training for drivers. If any required inspections or procedures were not followed, the company or driver may be considered negligent and bear liability.
Experts analyzing the evidence surrounding the brake failure would assess if regulations were upheld. Even if an issue was missed during an inspection, failing to identify it could still point to negligence.
Apportioning Liability
With the many factors involved, liability often gets apportioned between multiple parties in brake failure cases. A manufacturer may bear 20% liability for a defective part. The driver may bear 30% for improperly using the brakes. And the trucking company may bear 50% for inadequate maintenance.
Our truck accident lawyers use the evidence to recommend how liability percentages should be divided among the driver, company, manufacturer, or even government agencies responsible for road maintenance if it contributed. The process aims to fairly assign liability based on the level of negligence of each party directly involved.
Financial Damages
Liability determines who pays for the financial damages from an accident caused by brake failure. Typical costs include:
- Medical bills for any injured victims
- Repairs for any property damage
- Loss of income if a victim couldn’t work
- Legal and court fees
The liable parties must pay whatever portion they are responsible for based on the determined liability percentages. For severe accidents with fatalities, total costs can easily exceed $1 million.
Settling Out of Court
The complicated legal process for determining liability often motivates parties to settle out of court. The trucking company, manufacturer, and even driver’s insurance company may offer a settlement to the victim to cover damages.
Settlements avoid time-consuming litigation and the uncertainty of a trial. Even if a trucking company seems clearly liable, they still may only settle for 60-70% to limit payouts, which victims often accept to get timely compensation.
Brake failures in commercial trucks lead to thousands of accidents annually. But a systematic examination of evidence can help establish fair liability in these incidents, leading to proper compensation for victims and accountability for those responsible. Consistent enforcement also motivates companies and drivers to proactively improve inspection, maintenance, and training to prevent brake defects or misuse.
If you’ve been affected by a truck accident, speak to a truck accident injury attorney today.
You can visit our office at 15 Broad St #800 Boston, MA 02109.
Call now for a free consultation on (617) 263-0860.