Big Rig Brake Failure Accidents

Charleston Truck Accident Attorneys Here to Help

The Department of Transportation (DOT) has estimated, using data collected across several years and from its branch, the National Highway Traffic Safety Administration (NHTSA), that close to a third of all truck accidents are caused in part or completely by a brake failure. The brake system in a commercial truck is constantly under great pressure and stress, and therefore requires routine maintenance and inspection.

If a trucking company fails to ensure a truck’s brakes are safe for use, it could be held liable for any damages resulting from a trucking accident. Were you hurt by an out-of-control big rig? Berthold Law Firm, PLLC and our Charleston personal injury lawyers believe you should not have to pay for damages resulting from an accident that was not your fault. With years of experience and multiple noteworthy awards for skill and dedication, you should choose our team to help you file your claim.

Liable Parties for Truck Brake Failure

When a truck’s brakes fail, it is simple and understandable to point at the trucking company for liability. While this might prove true after an investigation, there could easily be other parties also partially liable for your injuries. If you want your claim to be successful and seek every last cent that you are owed in damages, such as medical costs and repair bills, then you must identify each party responsible.

Parties that could also be liable for your claim include:

• Truck driver: Often the first person to know that something is wrong with a truck’s brakes is the person who drives the truck most often. Truckers must report weakened brakes to parent companies and be careful not to overuse the brakes in “hard braking” incidents.
• Load crew: The company that is in charge of loading a commercial truck with cargo must follow strict federal regulations for balancing a truck and ensuring it is not overloaded. Failing to do so will put extra stress on the brakes and make braking in an acceptable amount of open road difficult or impossible for the trucker.
• Maintenance crew: Of course, some liability can fall upon whatever party was personally accountable for maintaining and repairing the brakes. Inadequate work can easily lead to total brake failure.
• Brake manufacturer: Just as auto part manufacturers cannot put dangerous products on the market for automakers to buy and use, truck part manufacturers can be held liable if they create ineffective or faulty brake systems but sell them under the guise that they are fine.

Fighters in Your Corner Take on Trucking Companies

The average trucking company is backed by a large corporation, which is, in turn, backed by a legal branch that will do everything it can to remove liability from its client. Our Charleston truck accident attorneys are not intimidated by any size of legal opposition and will pursue your best interests through thick and thin. Using all our personal injury lawyers have learned throughout their 75+ years of collective legal experience, we can tenaciously stand up for your right to compensation after being hurt in a trucking accident that involved a big rig brake failure.