Florida Injury Lawyer Blog
Brake problems are a common cause of Homestead truck accidents. In fact, according to FACT data from 2001, brake problems are found in many commercial trucks. One 2001 study of 407 trucks found that 32.7% of large trucks tested had pre-crash brake violations. Another study by the Department of Transportation (DOT) concluded that 29.4% of all large truck accidents involved brake issues, such as brake failure.
One of the biggest problems with Homestead traffic accidents caused by brake problems involving a commercial truck is that it can be hard for victims to get adequate compensation. The truck carrier, driver, brake manufacturer, and other possible liable parties may all blame each other for the brake issues, making it hard for the injury victim to get speedy and fair resolution for a claim.
Brake manufacturers are often held at least partly liable after a Homestead car accident involving a failed truck brake because there are many regulations imposed on manufacturers by the federal government. Brake manufacturers must ensure that their brakes meet strict automatic brake adjustment system rules, and can help trucks stop and decelerate within certain guidelines. If there is any error during the brake design or manufacturing process, the brake manufacturer can be held liable if an accident and injuries occur as a result of the errors.
Trucking companies are also often held at least partly liable after a Homestead truck accident. Trucking companies must ensure that their trucks are safe for the road. This means that if brakes have been recalled due to a known problem, trucking companies are responsible for ensuring that the tires are not on their trucks. Companies can also be held liable if they depower the front brakes to save money on tire replacement costs. Trucking companies are also responsible for correct maintenance on brakes and are required to keep records of maintenance completed. If a company fails to do any of this, they can be held liable if their actions result in an accident and injury.
Drivers are also sometimes held liable after a Homestead truck accident. Drivers are required to complete a pre-trip report which includes inspecting the truck for loose brake components, checking the brake shoes, and inspecting any possible air leaks in the brake chamber.
In addition to the brake manufacturer, driver, and truck carriers, others may be held liable for brake failure leading to a truck accident. If the truck carrier had a third party service perform brake maintenance on their fleet of trucks, for example, and the maintenance was not done correctly, the mechanics may be held liable. If the company loading the truck incorrectly loads the truck and this leads to brake failure, that company can be held liable. In some cases, as well, one company will lease trucks to another truck carrier, and in these cases determining who is responsible for truck and brake maintenance can be challenging.
For all these reasons, it is important to speak with a Homestead personal injury attorney if you have been injured in a truck accident. An attorney can investigate all the causes of an accident and can determine all liable parties. This is crucial, since multiple liable parties can make it more likely that you will recover fair compensation that pays for medical expenses, lost income, and other costs related to your accident.
You can always reach a member of the Flaxman Law Group by phone or email. If you have been injured in a Homestead truck accident, contact the Flaxman Law Group today to arrange for a free, no obligation consultation.