Truck Accidents Due to Brake Failure | Legal Steps to Protect Your Rights in Florida

Accidents involving large commercial trucks can have severe consequences, especially when caused by mechanical failures such as brake malfunctions. Brake failure in trucks can lead to catastrophic collisions, often leaving Florida victims with life-altering injuries and financial burdens. Understanding how to pursue a claim in Florida and the legal implications surrounding truck brake failures can help you safeguard your rights and secure the compensation you deserve.  The Florida truck accident attorneys at Paul | Knopf | Bigger have experience representing victims of truck accidents caused by brake failure. If you have immediate questions, call us at (800) 434-4327. Or, complete our free consultation form and someone will contact you immediately.

Recognizing Brake Failure as a Cause of Truck Accidents

Commercial trucks rely on complex, heavy-duty braking systems. These systems need regular maintenance and inspection to operate safely. When a brake system fails due to mechanical issues, it can create hazardous situations for other drivers on the road. This makes identifying the root cause of the failure essential for pursuing legal claims against the responsible parties.

If you or a loved one has been injured in a Florida truck accident caused by brake failure, consulting a knowledgeable truck accident attorney can be critical. An experienced attorney can help establish the cause of the failure, proving negligence and ensuring that the liable parties are held accountable.

Steps to Take After a Truck Accident Caused by Brake Failure

If you’ve been involved in a truck accident that you suspect was caused by brake failure, taking the right steps immediately following the crash can help preserve your legal claim:

1. Document Details of the Accident
   Obtain the truck driver’s contact information, license number, registration, and insurance details. This information is essential for legal purposes.
2. Capture the Scene with Photographic Evidence
   Take pictures of the accident scene, including the truck, its wheels, brakes, and any skid marks. These photos can be crucial in demonstrating the circumstances of the brake failure.
3. Identify Witnesses
   Collect contact information from witnesses at the scene. Their testimonies may support your claim, providing additional perspectives on how the accident occurred.
4. Seek Immediate Medical Attention
   Whether or not you require emergency care at the scene, visiting a doctor as soon as possible is vital. Following your doctor’s orders and maintaining a record of medical visits will help document your injuries.
5. Maintain All Accident-Related Records
   Keep copies of accident reports, medical bills, repair invoices, and income statements. These documents can demonstrate the financial impact of the accident.
6. Keep Personal Notes on Recovery
   Document your recovery journey in a journal, including details about pain levels, physical limitations, and emotional effects. This journal can help convey the extent of your suffering.
7. Avoid Discussing the Accident on Social Media
   Refrain from sharing details of the accident or injuries online. Insurance companies can use your posts against you, even if they seem harmless.

By taking these steps, you’re setting up a strong foundation for a potential legal claim. A skilled truck accident attorney can further assist by conducting an in-depth investigation, collecting essential evidence, and advocating for your rightful compensation.

Common Causes of Brake Failure in Trucks in Florida

Brake failure in trucks can occur for several reasons, some of which may include negligence or oversight by responsible parties. Here are some frequent causes:

1. Design Flaws
   Sometimes, brakes are inherently unsafe due to a flaw in their design, making them prone to failure during heavy use.
2. Manufacturing Defects
   Manufacturing issues, such as improper assembly or defective parts, can compromise the brake system, leading to accidents.
3. Inadequate Inspections
   Truck drivers, companies, and mechanics are required to inspect trucks regularly. If these inspections are not thorough, potential brake issues may go unnoticed.
4. Neglecting Mandatory Maintenance
   Regular maintenance is critical for the durability of heavy-duty braking systems. Without proper upkeep, brake parts may wear out, increasing the risk of failure.
5. Faulty Repairs or Maintenance
   In some cases, the brake system may have been repaired improperly, leaving unresolved issues. Negligent maintenance, such as failing to clear hydraulic fluid lines, can lead to dangerous malfunctions.
6. Inexperienced or Poorly Trained Drivers
   Handling a commercial truck requires specialized training. Drivers who lack adequate training may not know how to respond in situations where the brakes fail, escalating the severity of an accident.

Understanding these causes can be instrumental in identifying the liable parties in a brake failure-related truck accident.

Proving Brake Failure in a Truck Accident Claim

Establishing brake failure as the cause of a truck accident often involves a thorough investigation. Attorneys may gather various pieces of evidence to strengthen your case, such as:

• Driver Inspection Logs
  Truck drivers are mandated to perform daily vehicle inspections. These logs can indicate whether the driver noticed a problem with the brakes before the accident.
• Maintenance Records
  Trucking companies are legally required to keep maintenance records for each vehicle. These records may reveal lapses in the truck’s upkeep or point to improperly completed repairs.
• Electronic Data Recorder (EDR) Information
  Many trucks are equipped with an EDR, or “black box,” which records details such as braking patterns and speed. This data can verify if the brakes were functioning correctly before the accident.
• On-Site Truck Inspection
  By inspecting the truck with engineering experts, attorneys can assess any mechanical issues in the brake system, pinpointing whether a failure led to the crash.
• Defect Reports and Recalls
  Attorneys may also investigate defect reports and recalls via the National Highway Traffic Safety Administration (NHTSA). If there’s a history of reported issues with the brakes, it can support the claim of brake failure as the cause.

Collecting this evidence requires expertise, as it involves collaboration with engineers and other specialists. Experienced attorneys will compile this evidence to build a compelling case.

Determining Liability in Florida Brake Failure Truck Accidents

When a truck accident is caused by brake failure, multiple parties might be responsible. Here are some of the entities that could bear liability:

1. The Truck Driver
   If the driver neglected to inspect the vehicle or knowingly drove it with compromised brakes, they may be partially at fault for the accident.
2. The Trucking Company
   Trucking companies are responsible for ensuring their fleets are roadworthy. Failing to perform regular maintenance or allowing unsafe vehicles on the road can lead to liability.
3. Mechanic or Maintenance Provider
   Poorly executed repairs or oversight by mechanics can leave brake systems prone to failure, assigning responsibility to the maintenance provider.
4. Brake or Truck Manufacturer
   In cases where design flaws or manufacturing defects are identified, the manufacturer of the brake parts or the truck itself may be held accountable.

Establishing liability can be a challenging process, but doing so is essential for recovering damages. Truck accident lawyers play an integral role by identifying each party’s responsibility and pursuing appropriate legal actions against them.

Seeking Legal Support After a Truck Accident Caused by Brake Failure

If you’ve suffered injuries in a truck accident resulting from brake failure, seeking the assistance of a skilled truck accident attorney is crucial. The attorneys at Paul | Knopf | Bigger can evaluate your case, advise you on legal strategies, and pursue the maximum compensation possible for your injuries, medical bills, lost wages, and emotional distress.

Navigating a truck accident claim requires a deep understanding of federal regulations, state laws, and mechanical intricacies. By partnering with the experienced legal team at Paul | Knopf | Bigger, you increase your chances of a successful claim and obtaining fair compensation for the harm caused by brake failure.

For personalized support and a free consultation, contact our law firm today. We’re committed to protecting your rights and ensuring that all responsible parties are held accountable. Call us now at (800) 434-4327.

Sources:

• https://www.knighttrans.com/knight-life/trucker-lifestyle/what-to-do-if-you-start-having-truck-brake-issues/
• https://phoenixtruckdrivinginstitute.com/blog/common-causes-of-semi-truck-brake-issues/
• https://eld.kellerencompass.com/resources/blog/2019-blogs/what-is-driver-daily-vehicle-inspection-report-dvir
• https://www.nhtsa.gov/research-data/event-data-recorder
• https://www.nhtsa.gov/recalls