The sound of screeching tires is terrifying. But the sound of silence when a massive commercial truck should be braking is even worse.
You see the semi-truck approaching an intersection too fast. The driver is panicking. The truck does not slow down. This catastrophic failure leads to a devastating collision.
In the moments that follow, you are left with serious injuries and a mountain of questions. A primary question is whether you can sue for a truck accident caused by mechanical failure or brake issues. The answer is yes, the truck driver may not be the only one at fault.
Holding the correct parties accountable begins with identifying why the failure happened and whose job it was to prevent it.
Who is Responsible When a Truck's Brakes Fail?
After a crash with a commercial truck, many people assume the driver is automatically to blame. While driver error is a common cause of accidents, it is not the only one.
When a truck’s essential safety systems fail, like its brakes or steering, the responsibility often extends far beyond the person behind the wheel. The law recognizes that large trucking operations involve many different entities.
Each entity has a specific duty to ensure the vehicle is safe for the road. A failure to perform that duty can make them legally liable for the harm you suffered.
Identifying all the potentially responsible parties is a key step in pursuing a personal injury claim.
A thorough investigation may reveal that the blame lies with the trucking company that owns the vehicle. This third-party mechanic performed shoddy repairs, or even the original manufacturer of a faulty part. These companies have significant resources and powerful insurance providers. They often work quickly to protect their interests after a crash.
This makes it very important to uncover the true cause of the mechanical failure and hold the right company or companies accountable for their negligence.
Here are some of the parties that could be held liable for a truck accident caused by brake failure:
- The Trucking Company: The company that owns the truck has a legal obligation to properly inspect, maintain, and repair its fleet. If they skipped maintenance schedules or ignored a known problem to save money, they can be held responsible.
- The Maintenance Provider: Many trucking companies outsource their maintenance and repairs to other shops. If a mechanic performed a brake job incorrectly, used the wrong parts, or failed to identify a serious issue during an inspection, that repair shop could be liable.
- The Parts Manufacturer: Sometimes, a brake component is defective from the moment it leaves the factory. A flaw in the part’s design or a mistake during its production can cause it to fail unexpectedly. In these cases, the parts manufacturer may be responsible under product liability laws.
- The Cargo Loaders: A truck that is overloaded or has improperly balanced cargo can put immense strain on its braking system. This extra weight can cause the brakes to overheat and fail, especially on hills. The company responsible for loading the trailer could share in the liability.
The Trucking Company’s Duty to Maintain its Fleet
Trucking companies do not get to decide for themselves what makes a truck "safe enough" for the road. They are governed by a strict set of federal and state regulations designed to prevent truck mechanical failures.
The Federal Motor Carrier Safety Administration (FMCSA) sets detailed vehicle maintenance, inspection, and record-keeping rules. These rules are not suggestions; they are legal requirements. Companies must conduct regular, systematic inspections and repairs on every commercial vehicle they operate.
This includes everything from the engine and tires to the lights and, most importantly, the braking system. When a trucking company fails to follow these regulations, it is not just cutting corners. It is actively creating a dangerous situation for everyone on the public roads.
Driver Vehicle Inspection Reports (DVIRs)
Federal law requires truck drivers to perform inspections before and after every trip. They must check the condition of their brakes, tires, lights, and other equipment.
If they find a problem, they must record it on a Driver Vehicle Inspection Report (DVIR). The trucking company is then legally required to certify that the necessary repairs were made before the truck is driven again. These reports are a powerful piece of evidence, as they can show that a company knew about a brake problem but failed to fix it.
Maintenance Logs
Every commercial truck must have detailed maintenance logs. These files document every inspection, repair, and part replacement performed on the vehicle throughout its service life. A truck accident attorney can demand these logs to look for patterns of neglect.
Gaps in the maintenance history, records of recurring brake problems, or evidence of delayed repairs can all be used to establish the company's liability for a crash.
Inspection Records
In addition to routine maintenance, commercial trucks must undergo a comprehensive annual inspection by a qualified inspector. The record of this inspection certifies that the vehicle was in safe working order on that date.
If a crash occurs shortly after an annual inspection, it raises questions about the quality of that inspection. The report itself can provide a baseline for the truck’s condition and help investigators pinpoint when the mechanical failure began.
Proving Negligence After a Mechanical Failure Crash
To successfully sue for a truck accident, you must do more than just state that the truck’s brakes failed. You must present clear evidence that shows why they failed and how another party’s carelessness was the cause. This is a complex process.
Trucking and insurance companies often send their own teams to the crash scene immediately. They collect evidence that protects them from a lawsuit, not to help you. They might move the truck to a private lot, making it difficult for you to conduct an independent inspection.
Evidence can be lost, altered, or even destroyed in the days following a collision.
Taking swift action is essential to preserving the proof you need. A legal team can send a spoliation letter to the trucking company, which is a formal legal demand that they preserve the truck and all its related records in their current condition.
This prevents them from repairing the vehicle or "losing" important documents. Once the evidence is secure, an independent investigation can begin. This often involves bringing in engineers who can dismantle the braking system to identify the exact point of failure.
Combined with company records and witness statements, their findings create a complete picture of the negligence that caused your injuries.
An investigation to prove negligence often includes these steps:
- Securing the Vehicle and its Black Box: The top priority is to gain access to the truck itself. An attorney can file a temporary restraining order to stop the trucking company from moving or repairing it. This also allows for the download of data from the truck’s electronic control module (ECM), or "black box," which records speed, brake application, and other data from the moments before the crash.
- Demanding All Relevant Records: A formal legal request can compel the trucking company to turn over all relevant documents. This includes the driver’s qualifications file, hours-of-service logs, post-crash drug and alcohol test results, DVIRs, and all maintenance and inspection records for the truck and trailer.
- Hiring Independent Investigators: Automotive and mechanical engineers can be retained to perform a forensic examination of the truck’s braking system. They can determine if the failure was caused by worn-out brake pads, a leaking air line, a faulty compressor, or a defective part from the manufacturer.
- Finding and Interviewing Witnesses: Other drivers on the road may have seen the truck behaving erratically before the crash, which could indicate a pre-existing mechanical issue. Former employees of the trucking company may also be able to provide information about the company’s maintenance practices.
The Role of Defective Parts in Brake Failure Accidents
In some truck accident cases, the trucking company and its driver did everything right. The vehicle was properly maintained, and the driver operated it safely. Yet, the brakes still failed.
In these situations, the fault may lie with the company that designed, manufactured, or sold a defective brake component. This falls under an area of law known as product liability.
A manufacturer has a legal duty to sell safe products for their intended use. When they release a defective product into the market, they can be held strictly liable for any harm it causes.
Three primary types of defects lead to a product liability claim. A design defect means the product's very blueprint was flawed, making every single unit unsafe. A manufacturing defect means that while the design was safe, a mistake during the production process made a specific batch of parts dangerous.
Finally, a marketing defect, a failure-to-warn claim, occurs when a manufacturer fails to provide adequate instructions for a part's use or does not warn consumers about potential, non-obvious dangers.
A product liability claim can be pursued against any company in the chain of distribution, including:
- The Part Designer: The engineering firm that created the initial specifications for the brake component.
- The Part Manufacturer: The factory that produced the defective brake shoe, air hose, or valve.
- The Wholesaler or Distributor: The company that acted as the middleman, selling the part from the manufacturer to the repair shop or trucking company.
- The Retailer: The final shop that sold the part to the end user.
What Compensation Can You Seek in a Truck Accident Lawsuit?
The purpose of filing a personal injury lawsuit is to secure financial compensation for the many losses you have suffered because of someone else’s negligence. This compensation, legally known as damages, is intended to help you pay your financial costs and acknowledge your physical and emotional suffering.
A successful lawsuit forces the party’s insurance company to cover the full extent of your losses, so the financial burden of their mistake does not fall on you and your family.
Damages are typically broken down into two main categories.
Economic Damages
These are the most straightforward losses to calculate. They are meant to reimburse you for every dollar you have spent or lost due to your injuries. This includes all past medical bills from the emergency room, hospital stays, surgeries, and physical therapy.
It also includes the projected cost of any future medical care you will need. Additionally, economic damages cover lost wages from the time you were unable to work and your diminished earning capacity if you cannot return to your old job. Finally, it covers the cost of repairing or replacing your vehicle and any other property damaged in the crash.
Non-Economic Damages
These damages compensate you for the human cost of the accident. This is compensation for your physical pain and suffering, both at the time of the crash and for any chronic pain you may live with.
It also covers emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD) that develops after such a traumatic event.
Other non-economic losses include scarring, disfigurement, and the loss of enjoyment of life if your injuries prevent you from participating in hobbies and activities you once loved.
Punitive Damages
In some rare cases where a defendant’s behavior was particularly reckless or malicious, a court may award punitive damages. These are not meant to compensate the victim. Instead, they punish the defendant for their conduct and to deter them and other companies from acting in a similarly dangerous way in the future.
Schedule Your Free Legal Consultation
If you or a loved one were injured in a commercial truck crash, the attorneys at Lorenz & Lorenz, PLLC are ready to help. Our team is dedicated to holding negligent companies accountable and helping victims rebuild their lives.
For a free consultation to discuss your case, please call our Austin office at (512) 477-7333.