When a massive commercial truck’s brakes fail, the consequences can be devastating. The sheer size and weight of large trucks can cause catastrophic accidents involving life-altering or fatal injuries.
Victims of truck accidents caused by brake failure deserve accountability, and seeking maximum compensation for related injuries requires help from a skilled truck accident lawyer.
The team at Craig, Kelley & Faultless LLC proudly protects the rights of St. Louis truck accident victims. We offer skilled legal guidance and compassionate support as you seek justice for your injuries.
Contact us today to learn more in a free consultation about your brake failure truck accident.
Who Is Liable for a Truck Accident Caused by Brake Failure in St. Louis?
Multiple parties could face liability after a brake malfunction causes a truck accident. Some of the most common potentially liable parties include:
- Truck driver – Commercial truck drivers who ignore brake warnings or skip pre-trip inspections could bear responsibility if an accident results.
- Trucking company – Companies with negligent hiring and training practices or companies that fail to maintain their vehicles could face liability for brake failure truck accidents.
- Maintenance shops – Repair shops that fail to adequately repair brakes or follow service protocols could face claims after a truck crash due to brake failure.
- Truck and part manufacturers – If the brake malfunction resulted from a design flaw or manufacturing issue, the manufacturer, seller, or distributor of the faulty part may bear responsibility.
How Do Federal and Missouri Laws Regulate Truck Brake Safety?
The Federal Motor Carrier Safety Administration (FMCSA) regulations and Missouri law require trucking companies to meet strict brake safety standards. Here are some key aspects of both:
FMCSA Regulations
Trucks and trailers must have properly functioning brakes with warning devices that indicate brake failure. A qualified maintenance provider must regularly inspect the truck’s brakes. Drivers must also inspect brakes before trips and report defects, and trucking companies must maintain detailed records of inspections and repairs.
Missouri Law
Missouri law requires trucks to receive regular inspections, including pre-trip and annual checks, and all defects must be documented. Qualified inspectors must verify repairs, and all defects must be reported.
If a driver discovers an issue with their truck, they must create a post-trip inspection report listing any problems they find or have been reported to them that might cause a hazard.
Why Do Truck Brakes Fail?
According to the National Highway Traffic Safety Administration (NHTSA), approximately 22 percent of traffic accidents result from brake failure. Compared to automobiles, tractor-trailers have much greater stopping distances, particularly on wet roads.
Why do brakes fail? Some of the common reasons for semi-truck brake failures include the following:
- Air brakes — Air brakes supply compressed air to truck brakes to keep them open. If the air brakes are overused, the air may be drained more quickly than the compressor can re-supply. If the air brake system fails, a lack of compressed air can cause the brakes to lock. Antilock brakes have been required on new truck tractors since 1997 and on new trailers since 1998. They improve a truck driver’s control of the vehicle during emergency braking.
- Incorrect air pressure — If the air-braking system is not properly pressurized, the brakes will not function as intended.
- Brake overheating — Truck braking systems generate heat and are designed to withstand it. But when trucks are loaded and heavy, brakes can fade from excessive heat caused by overuse on downgrades. Inexperienced truck drivers who brake too frequently and do not rely on engine braking when on long downgrades risk overheating the brakes to the point of failure.
- Brake imbalance — A semi’s brakes can become imbalanced because of mismatched parts or errors in the control system. That can cause the wheels to slow at different rates when the brakes are applied. That makes the truck more challenging to control, causing it to jackknife.
- Brake timing problems — Every brake must be engaged simultaneously to reduce speed evenly across all wheels. The effects of a mechanical or electrical issue causing the wheels to slow at uneven rates can result in problems similar to imbalanced brakes.
- Overloaded trailers — Semi-trucks are designed to transport specific weight limits based on the type and size of the trailer. Since larger loads often mean more money, trucking companies may be inclined to exceed load limits. That leads to greater braking distances and puts added strain on the braking system.
- Defective parts — Any problems with the design or manufacture of the braking system parts can lead to sudden malfunction in an emergency, potentially causing a collision.
Can You Sue for a Truck Accident Caused by Brake Problems?
Yes. If someone else’s negligence caused the truck brake failure accident, you can seek compensation for the damage they caused. Common claims include:
- Negligence – When the truck driver or trucking company did not take the proper precautions to address potential brake issues or other related hazards
- Negligent maintenance – When mechanics or shops perform substandard work or ignore known problems with the brake system
- Product liability – When manufacturers or part suppliers create or distribute a defective or dangerously designed product that causes or worsens an accident
Our experienced truck accident attorneys can examine the causes of truck brake failure in your situation to determine who might bear responsibility for the crash that injured you, then build a compelling case for holding the at-fault parties accountable for paying maximum compensation.
What Compensation Can You Claim After a Brake Failure Truck Crash?
Compensation in a brake malfunction truck accident claim covers financial losses and the physical and emotional harm caused by the at-fault party. Our attorneys can seek compensation for losses such as the following on your behalf:
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
If you lost a loved one in a brake failure truck crash, you may have a valid wrongful death claim. Compensation in wrongful death claims can include funeral and burial expenses, loss of companionship and guidance, and loss of financial support.
What Injuries Can Result from Brake Failure in St. Louis Truck Accidents?
Truck brake failure accidents can cause severe, life-altering injuries. Some examples of common injuries in brake failure truck accidents include:
- Fractures and broken bones
- Crush injuries
- Internal injuries and bleeding
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Burns
- Psychological trauma
We frequently work with medical specialists to assess the full extent and impact of truck accident injuries so we can calculate the full value of a claim.
What Should You Do After a Truck Brake Failure Accident in St. Louis?
Acting quickly and taking the proper steps after a brake failure truck accident can make all the difference in the outcome of your case. Be sure to do the following:
- Seek prompt medical attention. If you have not already, go to a healthcare provider right away. A prompt and thorough medical exam will ensure your safety and protect your legal rights if you pursue a truck accident claim.
- Report the accident. Call 911 and report the accident. The police report the responding officer creates can help your attorney build your case.
- Document the scene. If you are able, take photos and videos of vehicle damage, accident debris, skid marks, traffic signs and signals, road and weather conditions, and visible injuries.
- Collect witness information. If anybody witnessed the accident, collect their names and contact information so your attorney can interview them.
- Contact our truck accident lawyers. Once you have ensured your safety, contact a truck accident lawyer from Craig, Kelley & Faultless LLC right away. Our skilled attorneys can protect your rights while we guide you through the legal process and fight for the compensation you deserve.
How Can a Truck Accident Lawyer Help After Brake Failure?
Professional legal guidance could make all the difference in the outcome of your case. Our personal injury attorneys can help by:
- Reviewing your case for free
- Investigating the accident to identify all liable parties
- Analyzing records of maintenance and brake inspections
- Securing data from the black box and the electronic logging device
- Handling all communications with the insurance company and others involved
- Negotiating for a fair settlement
- Representing you in court, if no settlement can be reached
With multiple potentially liable parties, complicated federal regulations and state laws, unique evidence, and complex insurance policies, brake failure truck accidents can be challenging to pursue. That is why you need a law firm with a proven track record of success. That is why you need Craig, Kelley & Faultless LLC.
Contact a St. Louis Truck Accident Attorney Today
If you have suffered injuries in a truck accident caused by brake failure, the team at Craig, Kelley & Faultless LLC wants to help you now. We are prepared to fight to hold the negligent party accountable and pursue the compensation you deserve.
Contact us today for your free consultation with an experienced truck accident attorney at our law firm.
Our law firm was named to the U.S. News – Best Lawyers® list for 2021 and has also been recognized with numerous individual and firm honors including:
- 2014 and 2015 Litigator Award
- 10 Best Law Firms of 2015 by the American Institute of Personal Injury Attorneys
- Martindale-Hubbell® AV Preeminent® Rating
- 10.0 Superb Rating on Avvo
- Million Dollar Advocates Forum®
- Multi-Million Dollar Advocates Forum®
