How Common Are Truck Accidents Due to Brake Failure?

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Seeing a large tractor-trailer approach you from behind is always a bit intimidating on the road.

When a commercial truck is not slowing down, though, it is very scary. When a large truck crashes into the back of a smaller vehicle, the results can be catastrophic, and even fatal, for the occupants in the smaller vehicle.

Sadly, brake failures in trucks are very common, causing approximately 30 percent of all truck accidents. There are many different causes of brake failure in commercial trucks. Below, one of our West Virginia truck accident lawyers explains the most common reasons for a truck brake failure accident, and more.

What Causes a Brake Failure Accident?

The average passenger vehicle weighs approximately 4,000 pounds, and they have a relatively simple braking system. Trucks, though, can weigh up to 80,000 pounds when they are fully loaded, and they have very complex and robust braking systems. Even one mistake or flaw in a truck’s braking system can result in a catastrophic accident. The most common causes of brake failure accidents are as follows:

  • Compressor failure: The compressor on a commercial truck delivers air pressure to a tank, which then applies pressure to the brakes. When truck drivers overuse the brakes, air leaves the compressor at a faster rate than it can be replenished. Without air pressure, the brakes can fail, and a runaway truck could cause a serious issue, particularly when traveling down a large hill or mountain. Improper maintenance can also result in compressor failure.
  • Glazed brakes: Another common brake problem on tractor-trailers is glazed brakes. This refers to when the brake pads become glazed due to excessive use and heat. The brake pads on a commercial truck feel hard, but the brake rotors they apply pressure to are even harder. If the brakes are not used properly, or there are long periods of heavy braking, the brake pads can become too hot and melt or break down. When the brake pads repeatedly become too hot, the material of the brake pad can crystallize, which makes the pads even harder. After the brakes on a truck become glazed, they must be replaced.
  • Other issues: Other issues that can cause brake failure on a commercial truck include improper balance, poor braking adjustment, an overloaded truck, or a defect in the design or manufacturing of the truck.

Common Injuries in Truck Brake Failure Accidents

Truck brake failure can cause some of the most catastrophic injuries. These collisions typically happen at high speeds, which greatly increases the force of a crash. Some of the most common injuries caused by brake failure accidents include:

  • Traumatic brain injuries (TBIs): When a truck’s brakes fail and slam into a vehicle at a high speed, your head could slam into the windshield, window, dashboard, or steering wheel, causing a traumatic brain injury. The impact could cause the brain to hit the skull, causing damage and resulting in a concussion. Sharp glass or metal can also penetrate the skull and brain, resulting in a very serious brain injury. These are just two types of TBIs caused by truck brake failure accidents.
  • Neck and back injuries: Truck brake failure usually causes rear-end accidents that are much more serious when a commercial truck is involved. In any rear-end collision, whiplash is one of the most common injuries sustained. Additionally, the vertebrae in the neck and back can also break, and the discs within the spinal column can rupture.
  • Broken bones: Because truck brake failure causes high-speed accidents, bones can easily become crushed, shattered, and broken. These injuries often require multiple surgeries and rods, pins, and screws are often necessary to set the bones.
  • Burns: Fuel tanks can rupture during a brake failure accident, resulting in severe burns for accident victims. Commercial trucks also often carry toxic chemicals that can spill, causing serious burns. Burns are not only one of the most painful types of injuries, but they also often require invasive treatments.
  • Amputations: Truck brake failure accidents are very severe and can result in amputation. Someone can lose a limb at the accident scene, or an appendage may be so badly damaged that it cannot be saved. Any type of amputation will have lifelong impacts on accident victims.

Determining Liability for Brake Failure

Multiple parties can be liable or at fault for a truck brake failure accident. They include:

  • The truck driver: Truck drivers should inspect their vehicle, including braking systems, before any trip. They must also report any defective parts and use their brakes in a manner that will not cause them to overheat or otherwise fail. When truck drivers fail to do this, they can be held liable for a crash.
  • Trucking companies: Trucking companies have a legal duty to regularly inspect and maintain their vehicles. Companies often do not take these measures to save money and protect their profits.
  • Inspection and maintenance companies: Trucking companies may properly hire inspection and maintenance companies to ensure their trucks are safe. If these companies or individuals fail to perform their job properly, though, they can be held liable.
  • Brake manufacturers: All manufacturers must ensure their products are safe and free of defects. When manufacturers release defective truck brakes onto the market, they can be held liable.
  • Cargo loaders: Trucking companies often hire third-party companies to load and unload cargo. If a truck is overloaded, it can put too much pressure on the brakes and cause them to fail.

Call Our Truck Accident Lawyer in West Virginia Today

If you or someone you love has been seriously injured in a crash, you need legal help. At Kaufman & McPherson, our West Virginia truck accident lawyer can provide it. We will inspect the truck’s brakes after the crash, obtain electronic truck data, and take all necessary steps to fight for you.

Contact us to schedule a consultation and to learn more about how we can help.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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