No Fees Unless We Win
Auto Accident 10.30.2021

Truck Accident Caused By Mechanical Failure In Michigan

Mechanical failure is a common cause of large truck commercial accidents that cause extensive property damage and serious personal injuries to another motorist. Many tractor-trailer accidents are due to brakes being out of adjustment or defective brakes. According FMCSA Brake failure about 30% of accidents involving commercial truck crashes, were caused by brake failure.

Federal and State law make truck drivers and trucking companies legally responsible for ensuring that commercial trucks are put on the roadway with properly maintained and safely working brakes. Anyone injured in an accident with a commercial truck caused by truck brake failure may be entitled to compensation for medical bills and other losses.

The Detroit truck accident lawyers at the Joseph Dedvukaj Firm who specialize in commercial truck accidents can help you determine whether you have a legitimate  truck accident injury claim. Our attorneys can gather evidence in your case to secure full and fair compensation after a truck accident caused by brake failure. We have nearly three decades of experience representing victims of large truck crashes and their families. Detroit truck accident attorney Joseph Dedvukaj has successfully handled numerous commercial vehicle accident cases for clients in Michigan and other parts of the country.

Call us today at 248-352-2110 or online for a free evaluation of your case.

What I Should Do When Injured In A Truck Accident Caused By Brake Failure?

Big  truck accident claims can be complicated and complex, due the trucking companies and their insurer’s quick move to mitigate the potential of large payouts to victims of truck accidents.

You will need a truck accident specialist at The Joseph Dedvukaj Firm to present insurers with evidence that the truck’s mechanical failure either caused or contributed to the accident, and that you are prepared to prove this in court to the satisfaction of a judge and jury.

Experienced Truck accident lawyers can help recover full compensation from the trucking company and its insurer, and if necessary other responsible parties. You should review your legal options with a skilled experienced truck accident attorney before agreeing or accepting any settlement offer by the insurance company representing the trucking company.

What Are Some Common Causes of Brake Failure In Trucks?

Properly balanced and functioning brakes stop a vehicle by using an air pressure compressor system. In the truck’s front brakes, compressed air pressure is applied to brake calipers and brake pads that squeeze against the metallic disc rotor. In the truck’s rear brakes, compressed air pressure on brake drums and brake shoes stops the wheels from rotating.  Air brakes are used on large commercial trucks because an air-powered pressure system allows the vehicle’s multiple brake pads or brake shoes to apply pressure when needed to stop the truck by applying the control pedal. Needless to say, the commercial truck must not have an airline leak.

However, pressure caused by brake pad coming contact with the metal disc or drum on moving objects creates friction, which creates heat to slow the vehicle down. The brakes can wear down overtime due to the pressure and heat applied overtime.

What Causes Brake Failure In A Large Commercial Truck?

     Large commercial trucks can include, tractor-trailer, semi-truck, tanker truck, delivery trucks etc. The following are some causes of big truck brake failure:

  • Qualified Brake Mechanics. Federal regulations require trucking companies to use qualified mechanics to service brakes. Sometimes the  brake mechanic makes a mistake in the diagnosis and repair of the brakes.
  • Inadequate brake maintenance. Federal regulations require trucking companies to systematically inspect, maintain and repair the brakes on all tractor trailers and motor vehicles subject to their control. Some trucking companies try to save money by allowing more time between inspections, ignoring minor problems, or hiring less experienced brake inspectors.
  • Imbalanced Brakes. When brakes are not properly balanced some brakes on a truck are applied harder than others which creates an imbalance in brake application. The braking capability caused by imbalance in the system can lead to one or more brakes on the rig to overheat or wheels to lockup, which can cause the truck to skid and/or jackknife. A brake imbalance which makes some brakes work harder can cause overheating in the over-used brakes, especially when braking while going steep downhill. Brake over heating may cause brake fad or brake failure and a runaway truck. Looking at the brakes carefully after a crash may find that brake imbalance may have been due to mismatched mechanical components or issues that cause the pneumatic system to apply more air pressure to some brakes than others.
  • Brakes overheating or fading downhill. Truck driver using improper braking technique on downhill can overheat the brakes and weaken them to the point that they can fail to slow the truck’s speed, causing an out-of-control truck to crash. A truck driver may be poorly to adjust brakes or recognize the wear seen, which can lead to poor brake maintenance that contributes to the problem of brake fade or overheating while braking on steep inclines.
  • Inoperable rear or front brakes. Some truck driver owner-operator truck may dangerously cut corners to save money on brake maintenance and tire wear by disconnecting the brakes on the tractor truck. If the tractor’s brake is inoperable that means brakes on the trailer bear the full burden of slowing or stopping the truck. If the trailer brakes are inoperable, that means the tractor brakes are doing all of the work. Truck driver’s sometimes is downshifting into lower gears is another way to help the brakes slow the big rig.
  • Overloaded trailer. All large trucks require longer distances to stop than smaller vehicles because they are harder to stop due to their size and weight adding to momentum. An overloaded truck requires more braking distances that overtax the brakes regardless of their operating condition. Brakes on overloaded trailers may fade or fail, especially when the added weight is combined with other factors like wet or icy roads or poor brake maintenance.

How Do Truck Accident Attorneys Prove Brake Failure in A Commercial Truck Accident Claim?

When Joseph Dedvukaj investigates a commercial truck accident, we collect and examine all possible evidence, including:

  • Traffic crash Police reports
  • Driver statements as well as any witness statements
  • Crash Scene Photos
  • Crash Scene Physical Evidence, including skid marks, yaw marks, rutting etc.
  • Extent of Vehicle damage
  • Truck maintenance, repair, and inspections records
  • Electronic Data Recorder (Black Box)
  • Dashcam or Local Business Security Camera video footage if available.

One of the most useful sources of evidence after a big truck crash is the truck’s electronic event data recorder (EDR). This so called “black box” records a plethora  of useful information, which is automatically recorded prior to the impact in a crash, including such things as brake status, vehicle speed and diagnostic trouble codes, such as brake failure warnings. . In modern commercial trucks, advanced anti-lock brakes with stability control enhances vehicle control that is also capable of recording data about performance.

Our team of investigators can test a large truck’s air pressure brakes after a crash. In all commercial trucks, testing and visual inspection of the operation of the hoses, valves, gauges, warning devices, and air pressure supply system can identify brake failures and brake deficiencies. A brake imbalance can be identified by inspecting the brake linings on each wheel.

In most cases, the failure of a commercial truck’s brakes is a deficiency rather than a total loss of brake. In other words, there was some braking, just not enough to slow the truck to a stop in time to avoid a collision or rollover. Sometimes the brakes are applied too late, where the truck driver is tailgating or following other vehicle too close.

Our ability to examine the large truck requires access to the crashed vehicle as soon as possible after a crash. Once we are hired as your attorneys to pursue a commercial truck accident claim, we move quickly to write one or more spoliation letters that inform and require the recipients of a pending injury claim of the need to preserve potential evidence listed in our letter.

A spoliation letter to the trucking company that owns the truck would also ensure preservation of important  records, including maintenance records, driver logs, repair records, inspection records and maintenance schedules for the truck involved.

It is important to contact The Joseph Dedvukaj Firm truck accident specialists as soon as possible after being injured in a Michigan truck accident so our lawyers can start a complete investigation into your crash, and gather important evidence before it is lost, tampered, degraded, or destroyed.

Who is Legally Responsible For A Truck Brake Failure Crash?

Under the federal motor carrier safety regulations, the motor carrier is responsible to inspect, maintain and repair the truck brakes. The commercial truck accident claim is different from passenger car accidents because in a commercial accident multiple parties can be linked to the large truck with potential liability. The trucking company, or motor carrier, and truck driver can be held responsible for a big truck crash. In some cases, the third-party such as the brake mechanic or cargo loading company may have liability for a crash as well as the manufacturer of the brake components.

Can A Brake Failure Truck Accident Result In Claims Against multiple Parties For Compensation?

We have handled claims involving multiple responsible parties such as the following:

  • Truck driver. A truck driver has primary responsibility for the operational safety of a rig, regardless of ownership. A truck driver who is speeds, drives while fatigued, or drives while distracted, may have compounded the problem caused by the truck’s failed brake system.
  • Trucking company. The federal motor carrier safety regulations put the responsibility on the truck motor carrier to inspect, repair and maintain commercial trucks placed on the roadway.
  • Cargo Loader. If another party is responsible for loading cargo into a trailer involved in the crash that has overloaded the truck and the extra weight contributed to the vehicle’s inability to stop, the cargo handlers may be held liable.
  • Truck mechanic. Truck inspection, repair and maintenance may have been outsourced to a third party truck mechanic. Sometimes mobile mechanics perform repair and maintenance on the go. A commercial truck mechanic must be qualified and may be held liable if the brakes are worn, or imbalanced brakes, or faulty performed maintenance work is found to have contributed to the crash as a result of the mechanic’s negligence.
  • Brakes manufacturer. If brake components fail, causing or contributing to a truck accident the manufacture can be held liable under a products liability claim, but only if it can be shown that the components or brake system was faulty.

As you can see, a truck accident investigation is complex and complicated. It’s important to work with a reputable and established Michigan law firm that has the financial resources to pursue an investigation wherever it leads. If our team of investigators find negligence on the part of the truck driver, trucking company or other third parties, you may be able to recover significant compensation for your damages. After establishing a solid truck accident case, our truck accident lawyers are successful in negotiating a settlement, in most truck accident cases, without ever going to trial. But, if we need to go to trial, we have tried truck accident cases in the past, without hesitation.

However, you need to act quickly after a truck or car accident. Unfortunately, the longer you wait to hire a trucking accident lawyer, the more difficult it can be to find and secure evidence that helps us prove your case.

Contact Our Michigan Truck Accident Attorneys Today

If you have suffered serious injuries in a truck accident that may have been caused by brake failure, contact a Detroit truck accident lawyer at the Joseph Dedvukaj Firm for a free case evaluation. If you have a potential case, we can move quickly to secure evidence from the accident, identify the responsible parties, and start to calculate the compensation you are owed.

If you have been injured in a commercial truck accident in Michigan, contact Joseph Dedvukaj today. We have a nearly 30 year history of aggressively pursuing truck accident claims on a contingency fee basis. Remember, you can hire the best truck accident lawyer in our law firm without ever paying out of pocket costs, and we only gets paid if you win.    

Contact us now at 248-352-2110 or toll free at 1-866-447-3563 for a free consultation about a truck accident in Michigan.

Share This Story

If you find this information useful, consider sharing this story to your social media channels. Help us make this community a better place.
No Fees Unless We Win
The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
smartphoneuploadcrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram