Defective Brakes In Company Vehicle Accidents.

If you or your loved one has suffered injuries in a company vehicle accident caused by brake failure or malfunction, it’s essential to understand that proving brake defects will be critical to your claim for damages. Furthermore, determining liability for defective brakes in company vehicles can be complex.

Company vehicles, unlike passenger cars, utilize air brakes instead of hydraulic brakes. The reason behind this distinction is that hydraulic lines can develop leaks, rendering it difficult for a massive company vehicle to come to a halt. While hydraulic brakes rely on oil, air brakes function through the use of compressed air. This difference in brake systems adds complexity when establishing liability.

Defective air brakes in a company vehicle can lead to various consequences, including:

• Insufficient brake performance, where the brakes fail to slow the truck adequately during emergencies
• Brake imbalance, which can result in jackknife accidents
• Brake fade, occurring when the brakes overheat
• Brake fires
• Brake failure resulting from defects within the brake system or maintenance issues

Proving that defective brakes were the cause of your accident and injuries requires thorough investigation and expert analysis.

In cases where rear-end or override company vehicle accident occurs, driver inattention and/or speeding are commonly assumed factors. Besides, there are instances where the company vehicle driver followed all protocols, but the brakes simply malfunctioned. In such situations, multiple parties may be held liable for injuries sustained in the accident.

To establish that defective brakes were responsible for the accident, our prolific company vehicle accident lawyers will collaborate with accident reconstruction experts and automotive engineering professionals. Through a close examination of the vehicle, the black box data, and the brake system, we will determine the cause and nature of the incident.

Who can be Held Liable for a Defective Brakes Company Vehicle Accident?

Potential parties at fault in an accident caused by defective company vehicle brakes include:

Manufacturer, Designer, Automotive Engineer, or Dealer of the Company Vehicle

If the brake failure can be attributed to a defect within the brake system, legal action may be taken against the manufacturer, designer, engineer, or distributor. For instance, if an air brake design lacked adequate provisions to withstand high temperatures, liability can be established.

Company Vehicle Repair and Maintenance Providers

In cases where inadequate maintenance led to brake malfunctions, the responsible mechanic or auto shop may be held accountable for the accident.

Company Vehicle Driver and Trucking Company

The driver has a responsibility to conduct daily safety inspections and report any defective or worn brakes. Failure to fulfill these obligations may make the driver liable for accidents caused by defective brakes. In addition, the trucking company holds vicarious liability for the actions of its employees, making them jointly liable.

The Trucking Company and Other Parties

Improper vehicle maintenance practices can render the trucking company liable. Moreover, if the company failed to conduct proper background checks, disregarding a driver's history of careless driving or inadequate inspection habits, they may be held liable.

In some cases, multiple parties may share liability. For instance, if the trucking company knew of a mechanic's substandard maintenance practices but still allowed the company vehicle on the road, both the repair mechanic and the company vehicle carrier could be held liable.

By diligently investigating the brake defects and determining liability, our dedicated company vehicle accident attorneys will secure the largest possible compensation you are entitled to for your injuries and losses.

Contact Miller Weisbrod Olesky Today

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, we invite you to contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.

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Serious Injuries From Commercial Truck Accidents

There are an estimated 500,000 truck accidents in the U.S. each year. The injuries associated with truck accidents are often serious.

An accident between a car and a truck is quite dangerous and can result in serious injuries. Most often it is the occupants of the car which bear the brunt of the accident and get severely or fatally injured. These injuries can be life altering for the victim and even simple day to day tasks can become extremely difficult. Some of the common bodily injuries sustained by truck accident victims are listed below:

Traumatic Brain Injuries
These injuries occur when an individual’s head hits an object with great force. The traumatic brain injuries are of a closed-head kind with the skull and the dura matter remaining intact. The data of car accidents collected over the years indicates that brain related injuries are a leading cause of death of children who are less than four years old. In case the brain injury is non-fatal, toddlers and young children can still be severely affected with some physical or cognitive disability showing up in future.

Coma
A coma can result from various conditions or events, like traumatic head injury, intoxication, central nervous system disorders, abnormalities in metabolism, etc. The majority of coma cases are drug-related and the second largest cause of coma is the reduced supply of oxygen to the brain. The reduced oxygen supply to the brain can result from serious cardio-pulmonary conditions like a heart attack which can be caused by a serious truck accident.

Organ Damage
Damage to internal organs can result from high speed impacts in traffic accidents especially involving cars and trucks. Any type of organ damage injury requires immediate medical attention. One of the most common organ’s that gets injured is the spleen. A person’s spleen is located in the upper-left region of the abdomen and is a critical organ which filters the blood and removes damaged blood cells and platelets.

Hemorrhage
This condition is commonly referred to as internal bleeding and is caused when there is a loss of blood from the vascular system into the internal cavity. A hemorrhage is generally caused by blunt force trauma which can happen when a car suddenly decelerates post colliding with a truck or other large vehicle. A hemorrhage is a serious condition which can easily become life threatening whenever there is heavy blood loss. The stomach, lungs and brain are commonly affected by hemorrhaging in high speed car accidents with large vehicles. The internal hemorrhage can cause a catastrophic heart-attack in the victim which can sometimes be fatal.

Compound Fractures
A fracture in which the bone pierces the skin causing extreme pain and bleeding is termed a compound fracture. A compound fracture is a serious condition as the protruding bone can easily become infected causing further complications. The severity of damage and the angle of the broken bone determine the further course of treatment. Usually the fractured bone can be set right by a physician.

Amputation
The impact of a vehicle crash can be so severe that a victim’s limb may get severed.

Contact Miller Weisbrod
Many of these injuries require expensive medical procedures and multiple surgeries to correct — if they can be corrected at all — and add financial stress to an already emotionally stressful situation. More often than not, however, these injuries result in permanent damage, leaving families with lifelong medical expenses and the realities of living with permanent disability or caring for a person with disabilities.

We represent truck accident victims and their families on a contingency fee basis. We don't get paid until we obtain a financial settlement or jury award for our clients. For more information, contact our offices at 214.987.0005 to speak with our experienced Dallas trucking accident attorneys.

If you are seeking legal advice and experienced representation in a trucking accident case, please call us toll free at 888.987.0005.

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