Rosenfeld Injury Lawyers LLC Home
Truck Accident Lawyers
Serving Clients in Illinois & Nationwide Over $250 Million Recovered for Our Clients Contact Us now For a Free Consultation
Brake Failure Truck Accident Lawyer
Most motor vehicle 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 brake pedal and braking system on commercial trucks and tractor-trailers are so critical for the safety of everyone sharing the highways that federal regulations and Illinois State Law have set strict guidelines in place for operators and brake manufacturers.
Chicago area 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 trucks, drivers and truck owners, requiring routine brake instructions, brakes still regularly fail. This leaves emergency personnel left to scramble to the scene in order to help them.
Chicago Laws Protecting Truckers from Brakes Failing and Other Accidents
The United States government and various states including Illinois have laid out strict rules for industrial trucking generally and brake mechanics specifically.
The Federal Motor Carrier Act exacts companies to make sure their trucks have working brakes (Section 393.48), adequate warning signals (Section 393.51), and brake performance systems (Section 393.52) among other things.
Failure to abide by these federal laws could mean fines and penalties. Plus, brake deficiencies under the Federal Motor Carrier Act could mean that truckers have no defense in court for accident claims. Plaintiffs may use this as de facto evidence of their negligence.
Serious Injuries Ensuing When Truck Brakes Give Out in the City of Chicago
When a braking system locks up or fails on a tractor-trailer or 18-Wheeler, the massive size of 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 and killing many other drivers and passengers.
Devastation and catastrophic are usually words associated when describing truck accidents that involve high speeds and dangerous braking 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 severe injuries that include:
- Brain trauma / brain injury
- Loss of a limb
- Fractured bones
- Paralysis
- Spine injuries
- Severe burns
Common Causes Contributing to Truck Brake Failure Accident Cases across Chicago
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 ruck and/or the trailer
- Hauling overloaded or heavy cargo weight that does not allow the large truck ample time to brake
- Improper maintenance including thinning brake pads, brakes suffused with grease, oil or other lubricants, and worn-out tires, making the braking system work too hard
- Inappropriate or delayed maintenance of the braking system
- Design flaws
- Defective materials
- Not providing the truck driver adequate braking training methods
- Truck driver distractions
- Failure to routinely inspect, repair and maintain the brake system
- High speeds
- Massive size of vehicles
- Brake pedal erosion
- Text messaging
The lives of other drivers and passengers on the road are often entrusted to truck drivers, trucking companies, brake mechanics, emergency personnel and truck manufacturers.
Inattentive truck drivers, truck company manufacturers producing defective products, and neglectful mechanics who are improperly supervised can all cause accidents directly and indirectly.
Most of the common causes for any 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.
Truck Brake Failure Facts and Figures
- More than a quarter of all trucks in operation have brake problems.
- The most common reason for brake failure is overuse.
- Brake failure is one of the most common reasons for truck crashes in the United States.
- Almost 50,000 trucks on the roads have brake problems.
- Brake problems contribute to nearly 30% of all American truck accidents.
Pursuing an Injury Claim after a Trucking Accident
Claims can be filed against the truck driver, trucking company, maintenance crew, truck manufacturer, brake manufacturer, insurance company, 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 the following:
- Direct or indirect negligence
- Reckless driving
- Wrongful death
- Product liability
If successful, victims of Chicago truck crashes can recover financial compensation for a whole host of items from other party or insurance company. This normally includes hospital bills, lost wages, disability, suffering, and disfigurement. I
t might also cover lost support, reduced quality of life, and other losses.
Chicago Truck Brake Lawyers Can Help
Victims injured in an accident caused by faulty truck brake systems or inattentive drivers should file a personal injury claim or lawsuit to achieve financial recompense. Our experienced Chicago truck accident attorneys will perform a thorough evaluation and investigation to collect the facts of the claim and other sensitive information.
This information and legal advice helps build a strategy on the best legal avenues for filing a valid claim based on negligence and legal rights. 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.
Speak to Chicago Truck Brake Failure Attorneys
Rosenfeld Injury Lawyers LLC are skilled at tracing crucial evidence of the truck crash back to negligent parties to hold them accountable for the injuries involved in personal injury claim.
The attorneys remain vigilant in maintaining the rights of their clients seriously injured in trucking accidents caused by brake failure.
Use our contact form below or give our Chicago truck accident law firm a phone call at (888) 424-5757 to make an appointment for a free case evaluation with one of our Chicago truck accident attorneys.