Brake Failure Truck Accident Lawyers in Kansas
The average tractor-trailer must travel many miles in all kinds of road conditions, and it’s not surprising that these workhorses of the supply chain occasionally have mechanical issues, including brake failure.
As you can imagine, brake failure is a very serious situation, and federal regulations make it compulsory for truckers and companies to inspect the brake systems on their vehicles regularly. Drivers are also required to thoroughly inspect their vehicle before heading out on the road.
Braking systems are critical to controlling a semi-truck. The average braking distance for one of these large vehicles is more than 500 feet, which is longer than the length of a football field. If there are issues with a truck’s brakes, this distance can be much longer, and a complete brake failure would make a truck unable to stop at all. If this mechanical failure results in an accident, the consequences can be devastating. Commercial tractor-trailers are large, heavy vehicles, and when they strike or collide with something, the forces involved can be highly destructive.
Fortunately, there are often warning signs of an impending brake failure. Commercial truck drivers are trained to pay attention to these warning signs and take action if they detect any of them.
One of the most common signs of impending brake failure is a loud thump or screeching noise. This sound is generated by friction due to inadequate contact between the brakes and the tires. Another common sign of impending brake failure in semi-trucks is a jerking motion that happens when a driver hits the brakes. This is uneven braking caused by the brakes being unable to maintain a firm grip. When this happens, the truck will appear to lurch forward awkwardly.
If a truck driver detects these signs and thinks they are having serious issues with their brakes, they may turn on their hazard lights or start honking. Truck drivers do this as a way to let others around them know they are having mechanical problems. If you ever see a truck sending out these warning sides, do not try to pass the truck or go near it. Avoid the truck as much as possible until the driver can safely bring it to a complete stop.
Common Causes of Brake Failure in Trucks in Kansas
Many things might cause brake failure on a semi-truck. Some of the more common causes include the following.
Defective Brake Parts
With trucks typically traveling long distances over long hours and carrying tens of thousands of pounds, truck parts must meet very high standards. Parts manufacturers have a big responsibility to ensure that they meet these standards and can withstand the expected wear and tear. Even the smallest defect in a truck braking system can lead to mechanical failure. When this happens, a parts manufacturer can be held liable for any injuries and damages that result.
Insufficient Maintenance
Because of the amount of stress that truck brakes go through daily, trucking companies and drivers must perform regular inspections and maintenance. Even perfectly made and robust brake parts need regular attention to ensure that they don’t fail at the worst possible time. Trucking companies have maintenance workers who repair or replace braking systems, and these workers are expected to perform their jobs in a way that’s consistent with regulations. Not sticking to a maintenance schedule or ignoring performance issues can significantly increase the chance of an accident.
Performing regular inspections is also a part of truck brake maintenance. Any brakes that show signs of excessive wear should be replaced to avoid putting people and property at risk. While excessive wear might not lead to immediate brake failure, it can increase the stopping distance of a large truck and make it more difficult for a driver to judge braking distances for their vehicle.
Overloaded Trailer
An overloaded trailer isn’t just dangerous; it’s also against the law. Federal regulations clearly outline how much cargo a truck can carry based on its size.
In addition to being harder to control, an overloaded trailer also places more strain on the truck’s braking system. Brakes are only able to withstand so much pressure, and if they are overloaded, there’s a significant chance of failure. Truck drivers, trucking companies, and loading crews are all responsible for making sure that a truck isn’t carrying too much cargo. If there is a brake failure truck accident involving an overloaded vehicle, all three of those parties could be found liable.
Bad Road Conditions
You don’t have to be a professional truck driver to know that bad road conditions make stopping a vehicle more difficult. Obviously, stopping a massive commercial truck in bad road conditions is much more difficult than stopping a passenger vehicle. Because of this, there are specific rules for trucks in rain, sleet, hail, snow, and other weather events that deteriorate road conditions. Traffic also behaves differently during stormy weather, which also increases the risk of an accident.
Common Injuries from Brake Failure in Trucks in Kansas
Because of the tremendous forces involved, truck accidents can cause very serious injuries. The following are some of the more common injuries caused by brake failure truck accidents.
Head Injuries
Skull fractures and brain injuries are quite common in truck accidents. While a skull fracture can heal, a traumatic brain injury can have lifelong, debilitating consequences. Symptoms of brain trauma include cognitive issues, movement issues, vision problems, and nausea. It is important to note that these symptoms may not be immediately apparent. Also, traumatic brain injuries aren’t always caused by a physical blow to the head. The rapid acceleration and deceleration that occurs in a crash can rattle the brain inside the skull and cause serious injury.
Spinal Cord Injuries
As with head injuries, spinal cord injuries can lead to lifelong, debilitating consequences. The tremendous forces that occur during a truck accident can damage or even sever the spinal cord. This can result in paralysis or, quite possibly, even death. However, treatment of spinal cord injuries has advanced significantly in recent years, and rapid medical attention can prevent a spinal cord injury from being catastrophic.
Neck and Back Injuries
A herniated disc in the spinal column isn’t as serious as an injury to the central nervous system, but it can have lifelong consequences. The neck and back play a role in just about every physical activity we do. Damaged discs can severely impact the quality of life.
Cuts and Lacerations
A truck accident results in broken glass and other sharp objects flying around at high speed. These projectiles can cause cuts and lacerations, ranging from minor to life-threatening injuries. If cuts and lacerations are not properly cared for, they can become infected.
Internal Bleeding
Damage to internal organs can occur even in moderate to minor truck accidents. The force generated by a collision can damage internal organs and cause them to bleed. These injuries are not always immediately apparent, and they can be difficult to treat. The risk of internal bleeding is one reason why accident victims should immediately seek medical care.
Disfigurement
Even if disfigurement and amputation injuries are not life-threatening, they can ruin a person’s life. Loss of limbs or permanent changes to a person’s body not only means physical consequences but also psychological trauma.
Burns
Because gasoline is often involved, there is almost always a risk that a truck accident will cause a fire and/or an explosion. The risk of burn injuries is even higher when a truck is hauling flammable or caustic chemicals.
Broken Bones
Powerful forces generated during a truck accident can cause bone breaks or fractures. These injuries are more serious when they happen near sensitive organs like the lungs. Broken bones can also lead to complications such as disfigurement if they are not properly treated.
Death
Although it’s not an injury per se, death can occur due to a brake failure truck accident. When a large truck is involved in a crash, it significantly increases the risk of death compared to crashes involving only passenger vehicles.
Who Can Be Held Responsible for a Truck Brake Failure Crash?
Determining liability for an accident involving brake failure comes down to what caused the failure. If the brakes on a truck were being maintained properly and an analysis finds the failure was due to a manufacturing defect, the manufacturer could be held liable for the injuries and damages caused by the accident. If a driver or trucking company overloaded the truck, those parties could be held liable for creating a dangerous situation.
A brake failure truck accident lawyer has experience in these matters and understands the legal process behind holding the proper parties accountable. They will be able to explain the many different parties who could be held liable and what steps must be taken to investigate each one.
How Is Liability Determined After a Brake Failure Truck Accident?
Determining liability starts with proving negligence. In court, several steps must be taken in order to prove negligence and then liability for any injuries and damages that occurred as a result of negligence. A brake failure truck accident lawyer must prove the following:
- Duty of care. The first step toward determining liability is showing that a party has a responsibility to prevent harm. For example, truck drivers are responsible for following laws and inspecting their vehicles.
- Duty of care was breached. After a duty of care has been established, it must be shown that the person or party failed in that duty. For example, a truck driver breaches their duty of care when they speed or drive under the influence of drugs or alcohol.
- Damages were suffered. A party can only be found liable if damages were suffered. For example, if a truck driver was speeding but that reckless behavior didn’t cause any injuries or damage, the driver cannot be found liable for any losses.
- The breach directly caused the damages. The final step for determining liability is making a connection between a breach in duty of care and damage or injuries that were suffered. For example, if a maintenance worker skipped a scheduled brake inspection, but a standard inspection would not have revealed brake defects that caused the accident, the maintenance worker might not be found liable.
What Compensation Are Victims Entitled to Claim for a Truck Crash Caused by Negligence?
According to the negligence laws in Kansas, a brake failure truck accident lawyer must show that their client is less than 50 percent responsible for an accident before moving forward with the claim. However, if a victim was partly responsible for an accident, any compensation they receive will be decreased by the amount of fault for which they were found responsible.
Let Our Team of Brake Failure Truck Accident Lawyers Fight for You
At Bretz Injury Law, our team of attorneys is very experienced when it comes to handling truck accident cases. Our legal experts have seen all types of accidents involving semi-trucks, including accidents caused by brake failure. They also have experience investigating truck companies and negotiating with insurance companies. If you are looking for a law firm that’s willing to go the extra mile for your case, contact us online today or call 620-RESULTS today.
