Brake failure is a leading cause of commercial trucking accidents in the United States and across the state of Georgia. These accidents can be caused from a variety of instances which can be grouped into categories of operator error, employer negligence, and manufacturer defects. If you or your loved one has been injured in a trucking accident, contact us today for a risk-free initial consultation.
Operator Error Resulting in Brake Failure
Operator error while driving a truck often causes the brakes on a truck to malfunction or immediately fail, with devastating consequences. In fact, operator error such as speed or improper judgment often causes problems with stopping. Hot or overheated brakes that lead to total brake failure is just one scenario of operator error. Overheating the brakes on a commercial truck usually occurs from applying the brakes too quickly or for an extended period of time. When a truck’s bracket overheats, there may be white smoke or it may seem as though something is burning. When this occurs, the operator should stop and let the brakes cool down entirely, then have the car inspected to determine if replacement parts are necessary. However, this does not always occur and many accidents are caused each year due to loss of brakes as a result of the brakes being overheated.
Employer Liability in Trucking Accidents
In certain scenarios, employers are responsible for the actions of drivers and any damages they cause. Determining the liability of an employer is largely dependent on the facts and circumstances of a case. One scenario that is clearer in terms of liability is when a company hires truck drivers to transport their products and provide them with a company vehicle.
While proving an employer-employee relationship is ideal for asserting employer liability, in the trucking industry there are a lot of arrangements that companies enter into which may prevent suits against them. After an accident, thorough investigation is required to determine all responsible parties.
Employers may also be held legally responsible for improperly maintaining their equipment. Employers who own their fleet are responsible for the maintenance and upkeep of their equipment. However, certain trucking companies have repeatedly been found to be violating safety standards for failing to properly maintain their equipment.
Manufacturer Defects Resulting in Brake Failure
There are a number of instances in which brake failure may be caused by a manufacturer defect with a braking component. When a manufacturer defects results in brake failure, the manufacturing company may be held liable for these accidents.
Experienced Truck Accident Attorneys
At the Persons Firm, you can rest assured that you and your loved ones will get the quality representation that is deserved. Truck accidents can usually be avoided, which is why these devastating accidents are frustrating for you and your loved ones. That is why our experienced attorneys will aggressively fight for you – so you can not only be in the best position to make a decision that meets your needs but so you can rebuild your life by regaining financial control. To meet with a highly qualified attorney, contact us today for a risk free initial consultation.