If you have been involved in a truck accident due to brake failure, you may be wondering what to do next and who can be held liable. Navigating a brake failure truck crash in Washington state can feel overwhelming, but the good news is that you are still entitled to compensation.
If you are considering filing a truck manufacturer lawsuit in WA, you need to hire a Vancouver, WA truck accident lawyer. At Henderson Taylor Law Firm, our team of truck accident attorneys has extensive experience handling truck accident cases in Washington and can help you get the compensation you need to make a full recovery.
Keep reading to find out who is negligent in a truck accident due to brake failure.
Common Causes of Brake Failure In Large Trucks
Unfortunately, truck accidents due to brake failure are not incredibly uncommon and can contribute to significant injuries and property damage. That is why, for most victims of truck accidents, it is essential to pursue compensation.
Here are some of the most common examples of why brakes fail when it comes to a semi-trucks:
- The brakes were defective, flawed, or malfunctioned on the road.
- There was a brake imbalance from uneven brake force distribution.
- The brakes overheated, which caused them to fade or fail.
- The truck experienced an air brake system failure from insufficient air pressure.
- The brakes failed due to improper brake adjustments or maintenance.
- The suspension system failed or was not properly maintained, which caused the brakes to fail.
- The truck was overloaded, putting too much strain on the brake system.
- The hydraulic pressure was reduced from inadequate brake fluid.
- The brakes had manufacturing defects, causing inherent weaknesses.
One thing you should do before proceeding with your truck accident case is seek the legal help of an attorney. A truck accident attorney in Washington will be able to help you navigate your claim, ensuring you aren’t pushed around by insurance carriers or the trucking company.
Who Is Liable For Brake Failure In Washington State?
Part of why truck accidents are so complex is due to how many parties could potentially be held liable. Although this is not necessarily a bad thing for your claim, it can make it more complicated when you are proving who was at fault. Especially when it comes to a truck accident due to brake failure, there are a few specific parties who may be held liable for compensation.
Truck Driver
Although the truck driver is not usually responsible for the different truck components, they are responsible for their own driving behavior. Because of this, the truck driver could be held liable if they failed to acknowledge the warning signs that there was something wrong with the truck brakes. They may have also been driving recklessly, putting excess strain on the brake system.
Truck drivers are required to do pre-trip inspections, which include making sure the brakes are operational. If they failed to do this, they can be held liable for brake failure.
Trucking Company
It is common for trucking companies to be held liable if any of their trucks are involved in an accident. Especially when it comes to the different components of these commercial vehicles, trucking companies hold a lot of responsibility.
A trucking company may be held liable for brake failure if it did not properly train truck drivers, encouraged truck overloading, or failed to provide consistent truck maintenance.
Brake Manufacturer
Depending on the reason for the brake failure, the brake manufacturer may also hold some liability. This is usually the case if the failure was due to design defects or manufacturing errors. However, the brake manufacturer can also hold some liability if they fail to provide adequate warnings regarding proper use and maintenance of the brake system.
Cargo Loaders
A less recognized party that could be held liable for a truck accident due to brake failure is the cargo loaders. Cargo loaders could contribute to liability if they loaded the truck insecurely or unevenly, putting additional strain on the brakes. This can also be the case if they overloaded the truck.
What to Do If Brake Failure Is Suspected in a Truck Accident
If you are the victim of a truck accident in Washington, you need to act quickly. The sooner you file your claim, the less time the trucking company has to cover up evidence, and the sooner you will get your compensation.
Especially when it comes to proving liability, the main thing you need to focus on is gathering as much evidence as possible. Here are some common examples of the types of evidence you can get to prove driver, trucking company, or defective truck parts liability:
- Blackbox data
- Maintenance and inspection records
- Police reports
- Driver’s logs
You should gather this evidence as well as photos and videos of your injuries and the collision scene. Your medical evidence will also be essential for proving the extent of your injuries and the amount of compensation you are entitled to.
Before you start gathering evidence, you should hire a Vancouver, WA truck accident lawyer to represent you. They will protect your rights, handle negotiations with other parties, and help you track down important pieces of evidence.
Especially for truck accident cases where multiple parties are liable, having an experienced attorney on your side will be essential.
Hire an Experienced Truck Accident Attorney at Henderson Taylor Law Firm
A brake system failure crash in Washington can come with serious implications, with the most severe being life-altering injuries. That is why it is crucial that you file a claim and pursue compensation for your damages.
At Henderson Taylor Law Firm, our experienced mechanical failure truck accident attorneys are committed to defending the downtrodden and providing truck accident victims with the representation they need. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ:
Can the trucking company be held liable for poor maintenance?
Yes. You can prove this by obtaining the trucking company’s maintenance and inspection records.
Is the brake manufacturer responsible in a crash?
The brake manufacturer can be held responsible for a brake failure-related crash, but only if it is due to a manufacturer defect or error.