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.
