According to data from the Federal Motor Carrier Safety Administration (FMCSA), brake failures are the leading cause of large truck accidents. Over a 33-month study period, the FMCSA recorded approximately 141,000 fatal and injury-involved large truck accidents in the United States. Of these accidents, 41,000 involved brake problems. This means that nearly one in three large truck accidents in the United States is fully or partially attributable to a brake failure. This is an alarming statistic for a number of reasons, not the least of which is that brake failures are entirely avoidable. If brake manufacturers adequately tested their products before delivering them to truck manufacturers, if trucking companies adequately maintained their trucks, and if repair shops and dealerships performed appropriate service during every brake job, then brake failures would not happen. With all of this in mind, if you have been seriously injured or a loved one has been seriously injured or killed in a commercial truck accident, it is important that you speak with a truck accident attorney about your legal rights.
What Are Your Legal Rights After a Truck Accident Caused by a Brake Failure?
After a commercial truck accident, determining your legal rights starts with determining the cause of the accident. If the cause of the accident was a brake failure, then you can seek full compensation for all of your financial and non-financial losses. You can pursue a claim just as you would if the truck driver was negligent in causing the accident. If truck driver negligence was also a factor (i.e., if the truck driver was speeding or distracted), you can pursue a claim against the truck driver as well.Who Is Liable If a Commercial Truck’s Brakes Fail?
Once it is determined that a brake failure caused (or contributed to) an accident, then the next question that must be answered is: Who is liable? There are a few possibilities:- The Brake or Truck Manufacturer – If the truck’s brakes were defective, then the brake or truck manufacturer may be liable. Defective product cases are generally governed by the law of “strict liability,” which means that proof of negligence is not required.
- The Trucking Company or Owner-Operator – If the truck’s brakes failed because they had not been properly maintained, then the trucking company or owner-operator may be liable for failing to perform necessary maintenance.
- A Dealership or Repair Shop – If the trucking company or owner-operator took the truck in for service and the dealership or repair shop performed a faulty brake job, then the dealership or repair shop may be legally responsible for the collision.
Who Is Liable If Multiple Factors Combine to Cause a Truck Accident?
In many cases, multiple factors will combine to cause a truck accident. If a brake failure was just one factor involved in a truck accident, then California’s “modified joint and several liability law” will apply. Under this law, a company can be held fully liable for an accident victim’s economic damages even if that company is only partially responsible for a truck accident. However, the company will only be liable for the portion of the victim’s non-economic damages that are attributable to its percentage of fault. So, for example, if defective brakes are deemed to be 75% to blame in a truck accident and the victim suffers $100,000 in economic losses and $400,000 in non-economic losses, then the brake manufacturer:- Will be fully liable for the victim’s $100,000 in economic damages AND
- Will be liable for $300,000 (75%) of the victim’s non-economic damages