Who Is Liable For Truck Accidents Caused By Brake Failure?
If you’ve been involved in a truck accident caused by brake failure, determining liability is crucial. It’s not just about the actions of the driver, as the focus often shifts to broader responsibilities. Was the brake failure due to a manufacturing defect, inadequate maintenance, or a failure of the trucking company to ensure proper vehicle upkeep? These are essential factors in establishing who is legally responsible for the accident.
Proving negligence and liability in cases of brake failure requires a thorough investigation and may even call for expert testimony. Mintz Law Firm specializes in intricate truck accident cases. Our truck accident lawyers can help you navigate through the complex process of identifying the liable parties, whether it’s the manufacturer, the maintenance team, or the trucking company itself, to ensure you receive the compensation you deserve for your injuries and economic losses.
3 Potential Liable Parties for a Truck Accident Caused By Brake Failure
In a truck accident caused by brake failure, several parties could potentially be liable, including the following:
Truck Manufacturer
If the brake failure was due to a manufacturing defect, the manufacturer of the truck could be held liable. Product liability laws require manufacturers to produce vehicles that meet certain safety standards. If a defect in the design or manufacturing process led to the brake failure, the manufacturer might be responsible.
Maintenance Company or Personnel
Trucks require regular maintenance, and if the company or individuals responsible for maintaining the truck failed to properly service the brakes, they could be held liable. This includes not only routine maintenance but also necessary repairs and inspections to ensure that the brakes are in good working condition.
Truck Owner or Operator
If the truck owner or operator neglected to maintain the vehicle properly, they could be held liable for the accident. This is particularly relevant if the owner or operator was aware of potential issues with the brakes but failed to address them. In some cases, if the truck driver is an independent contractor, liability might rest with the driver if they are responsible for their vehicle’s maintenance.
How a Dedicated Truck Accident Attorney Can Help
Determining liability in such cases requires a thorough investigation to understand the cause of the brake failure and identify any negligence or regulation violations. Our team of truck accident lawyers is prepared to help conduct an immediate investigation into your case. We will also help with the collection and assessment of any relevant information to be used as evidence, such as eyewitness accounts, traffic security footage, driver logs, black box data, and more.
From here, we will help you file your claim against the liable party for damages. A truck accident attorney will ensure your claim is filed within the statute of limitations deadline and handle all aspects of the negotiation process with the insurance company. If a worthy agreement cannot be reached, we are even prepared to take your case to court and defend your future in front of a judge.
Injured in a Truck Accident? Schedule a Consultation Today
If you’ve been injured in a truck accident caused by brake failure, you might wonder who is liable. At Mintz Law Firm, we specialize in identifying and holding the responsible parties accountable in such complex cases. Whether it’s the truck manufacturer, maintenance personnel, or the trucking company, our experienced truck accident lawyers are here to guide you through the legal process.
For expert advice and a free consultation with one of our skilled truck accident attorneys, please contact Mintz Law Firm. You can reach us by calling (303) 462-2999 or by completing our contact form. We’re here to answer your questions, address your concerns, and help you navigate the complexities of your truck accident case.