Most accidents involving commercial trucks are caused by mechanical problems including the two most common causes – defective or overused tires and brake failure. The U.S. DOT (Department of Transportation) notes that 30 percent of all commercial truck crashes each year involved brake failures, brake systems out of adjustment, or other serious brake related problem.
The braking system on commercial trucks and tractor-trailers are so critical for the safety of everyone on the highways that federal regulations and Illinois State Law have set strict guidelines in place. Truck drivers are required to inspect the braking system every time they take to Illinois roads and freeways. However, because of cost constraints and limited time, many truckers and trucking companies cut corners on routine repairs and maintenance.
Even though Illinois and the Federal Government have established rules and regulations governing commercial trucks, drivers and truck owners, requiring routine brake instructions, brakes still regularly fail when companies and operatorsSerious Injuries Ensuing When Truck Brakes Give Out
When a braking system locks up or fails on a tractor-trailer or 18-Wheeler, the entire truck and trailer can jackknife while sliding down the road. Hazardous Chicago area weather including rain, ice and snow escalates the potential of a major accident with severe injuries. Dozens of cars can easily become caught up in the trucking accident pile up, injuring many other drivers and passengers.
Devastation and catastrophic are usually words associated when describing truck accidents that involve bad breaking habits or failure of the brake system. Far too often, Chicago area residents and visitors become victims of serious accidents caused by a trucking accident involving common problems with the commercial truck brakes. Many of these truck accident victims suffer serious injuries that include:
- Brain trauma / brain injury
- Loss of a limb
- Fractured bones
- Spine injuries
- Severe burns
Negligence of the truck driver, mechanic, manufacturer and cargo packers are the most common causes for a truck brake failure accident. This includes:
- A manufacturer defect of the commercial truck and/or the trailer
- Hauling overloaded or heavy cargo weight that does not allow the commercial truck enough time to brake
- Improper maintenance including thinning brake pads, breaks suffused with grease, oil or other lubricants, and worn-out tires, making the braking system worked too hard
- Improper or delayed maintenance of the braking system
- Design flaws
- Defective materials
- Not providing the truck driver adequate braking methods training
- Truck driver distractions
- Failure to routinely inspect, repair and maintain the braking system
The lives of other drivers and passengers on the road are often entrusted to truck drivers, trucking companies, brake mechanics and commercial truck manufacturers. Inattentive truck drivers, truck company manufacturers producing defective products, and neglectful mechanics improperly supervised can all cause accidents directly and indirectly.
Most of the common causes for any commercial truck accident that involves brake system issues can usually be traced back to negligence, reckless behavior, or carelessness. Bad brake systems and improper braking techniques are considered negligent behavior under Illinois law.Pursuing An Injury Claim After A Brake Failure Trucking Accident
Claims can be filed against the truck driver, trucking company, maintenance crew, truck manufacturer and other negligent parties responsible for the accident. Legal recourse for financial compensation often depends on each specific commercial truck accident circumstance. When individuals are killed in a trucking accident, or receive serious injuries, personal injury claims can be filed against the responsible parties for:
- Direct or indirect negligence
- Reckless driving
- Wrongful death
- Product liability
Victims injured in an accident caused by faulty truck brake systems or inattentive drivers should file a claim or lawsuit to achieve financial recompense. Our experienced Illinois truck accident attorneys will perform a thorough evaluation and investigation to collect the facts of the claim. This information helps build a strategy on the best legal avenues for filing a valid claim based on negligence. Many claims are settled out of court, while other truck brake failure accident cases require filing a lawsuit to be heard in front of a judge and jury.
Rosenfeld Injury Lawyers are skilled at tracing crucial evidence of the trucking accident back to negligent parties to hold them accountable for the injuries involved. The attorneys remain vigilant on maintaining the rights of their clients seriously injured in trucking accidents caused by brake failure. Contact the law firm at (888) 424-5757 to make an appointment for a free case evaluation.