Did you know that approximately 30 percent of truck accidents are caused by brake failure? These crashes can cause catastrophic injuries to anyone in the truck’s path. If you were injured by a trucker who misused their rig’s braking system or a truck company that failed to maintain its commercial vehicle properly, you could be eligible for substantial compensation in Tennessee.

The Morristown truck accident lawyers at The Terry Law Firm can help if you or a loved one sustained injuries in a brake failure truck accident. We’ve fought for the rights of injury victims in The Volunteer State for more than 60 years. Put our skills and resources to work for you. Call us today or visit our contact page for a free consultation.

Why Truck Brakes Fail

Understanding how a semi-truck’s brakes work can help explain why they sometimes fail. Most semi-trucks use air brakes to control their speed. These brakes use an air compressor to push air through the truck’s brake lines and activate the brake drum. This causes the truck to slow down and allows the driver to control their speed.

The advantage of air brakes is they do not rely on hydraulic fluid like a car’s brakes do. As long as the air compressor works and there is air in the storage compartments, a truck’s brakes should work as designed. However, improper braking techniques, overheating, and other problems can cause brake failure.

Proper maintenance is crucial to keeping a truck’s brakes working safely. Critical components are less likely to break or malfunction when brakes receive regular and adequate care.

Driver experience can also affect brake performance. Trucks cannot handle long periods of braking. An inexperienced trucker who overuses the brakes, especially downhill, could cause a breakdown. Generally, truck drivers should use the commercial vehicle’s transmission to control its speed.

Why Are Truck Brake Failure Cases So Common in Truck Accidents?

One reason brake failure is a common cause of truck accidents is that trucks are more difficult to operate than passenger vehicles. Commercial trucks are bigger, heavier, and use different braking systems than passenger vehicles. If a truck driver does not have adequate training or experience with operating a commercial vehicle, they are more likely to misuse the brakes and cause a collision.

Another reason trucks experience brake failure is because they are such complex machines. Semis have more components than the average passenger vehicle. The increased weight of tractor-trailers also means those components are subject to greater wear and tear. Trucks are prone to brake failure when truck drivers, trucking companies, and maintenance crews fail to do their jobs correctly.

Most Common Brake Problems Resulting in Truck Accidents in Morristown

Some of the common issues that lead to semi-truck brake failure accidents are:

  • Improper maintenance – A truck’s brake system needs to be monitored and maintained to minimize the risk of brake failure. Federal regulations require trucking companies to inspect and maintain their vehicles’ brakes regularly, but not all follow the law.
  • Overheated brakes – Putting a truck’s transmission in lower gears when traveling down steep hills is crucial to keep the truck’s brakes from overheating. When truck drivers do not use this technique, known as engine braking, the stress on the brakes makes a catastrophic failure more likely.
  • Worn brake components – Like any other vehicle, a truck’s components will gradually break down over time. Worn parts need to be replaced or repaired. Otherwise, there is a much higher chance of brake failure.
  • Incorrect air pressure or pressurization system failures – A truck’s air compressor can only pressurize so much air at any given time. If a truck driver overuses the brakes, the air may run out, at which point the truck effectively has no brakes. Along similar lines, a truck’s air compressor or other components may fail if not maintained, leading to a lack of air pressure to stop the truck.

Types of Truck Accidents Caused by Brake Failure

Some common types of truck accidents caused by brake failure include:

  • Rear-end collisions – A truck without functioning brakes may not be able to stop in time to avoid hitting another vehicle in front of it. Rear-end collisions are more likely if a truck’s brakes fail as it travels downhill.
  • Intersection crashes – If a truck’s brakes fail as it approaches an intersection, it may blow through a stop sign or traffic light and hit another vehicle.
  • Speed-related accidents – The faster a truck moves, the harder its brakes have to work to slow down. Even if a truck’s brakes are working perfectly, the amount of power required to stop a speeding truck is significant. A truck driver may slam on their brakes and still be unable to stop in time if they drive too fast.

Truck Brake Failure Statistics

Research shows brake failure is one of the most common causes of truck accidents nationwide. According to a Federal Motor Carrier Safety Administration (FMCSA) study, about 29 percent of all truck accidents are caused by brake failure.

Pursuing an Injury Claim After a Trucking Accident

Who is liable for a truck accident caused by brake failure? The answer depends on what caused the truck’s brakes to fail, but potentially responsible parties include:

  • The truck driver
  • The trucking company
  • Maintenance workers
  • The truck’s manufacturer
  • Parts manufacturers
  • Cargo loaders

A truck accident attorney can tell you more about who is at fault for your injuries after a brake failure crash. After identifying the liable parties, a lawyer can help you pursue compensation for:

  • Medical bills
  • Lost wages
  • Reduced future earnings
  • Pain and suffering
  • Emotional distress
  • Damaged personal property

According to Section 28-3-104 of the Tennessee Annotated Code, you have one year from the date of an accident to file a lawsuit. With such a limited window to take legal action after a crash, it is essential to speak with a truck accident lawyer immediately. You want to take advantage of your chance to recover compensation for your injuries.

Contact Our Experienced Morristown Truck Brake Failure Accident Lawyer Today

If you sustained injuries in a truck crash caused by brake failure in Morristown, turn to The Terry Law Firm to get the answers and compensation you deserve. Our consultations are 100% free, so call or contact us online now.

When you file a truck accident claim, you may be able to recover compensation for various expenses and losses you incurred due to the crash. Your case may provide you with financial recovery for your:

  • Medical and rehabilitation expenses
  • Lost income
  • Lost future earning potential and job benefits
  • Pain and suffering
  • Lost enjoyment or quality of life
  • Vehicle repairs or reimbursement of your car’s value

Yes, it’s crucial to call the police at the scene of a truck accident. The police can investigate the crash scene, gather information from the truck driver and other motorists and eyewitnesses, and prepare an accident report. Police crash reports often provide critical information for truck accident claims.

Other steps you should take at the crash scene include:

  • Check on everyone involved in the accident to see if anyone requires immediate medical attention.
  • Move your vehicle out of the path of traffic if possible, or walk to the side of the road if your car has been disabled.
  • Get the truck driver’s employer and insurance information and insurance information from any other drivers involved in the crash.
  • Take photos and videos of the accident scene, including vehicle damage, license plates, visible injuries you suffered, skid marks on the road, and traffic controls at the scene.
  • Talk to eyewitnesses to obtain a brief statement of what they saw and their contact information.

In most cases, the insurer of the at-fault truck driver or the trucking company that employed the driver will pay you compensation for your truck accident claim if they are found liable. Other parties may also have liability for the accident, including:

  • The truck’s owner
  • The cargo company
  • The truck and trailer manufacturer
  • Manufacturers of parts used on the truck
  • Third-party auto shops that serviced the truck

You should contact a truck accident attorney immediately after a truck accident. A lawyer will know what it takes to thoroughly investigate the accident and prepare a compelling, persuasive legal claim. A lawyer can also document your injuries and losses and estimate future expenses to ensure you seek total compensation. Your attorney can also deal with trucking company representatives, insurance adjusters, defense lawyers, or bill collectors on your behalf so you can focus on healing.

Although liability for the truck accident is determined under traditional state negligence laws, other laws – such as state and federal trucking industry regulations – may affect the outcome of your case. For example, a truck driver’s violation of the federal or state hours-of-service regulations may serve as evidence that they were too tired to drive safely. Speak with your attorney to learn more about the laws that apply in your case.

Here are some factors that make truck accident cases more complicated than other kinds of auto accident claims:

  • Truck accident victims often suffer more severe injuries that require longer, more expensive medical care.
  • Truck accidents can injure more people than other types of crashes.
  • Truck accidents may have multiple liable parties who will fight with each other to shift financial responsibility among themselves.
  • Truck accident claims may involve lots of complex evidence.
  • Trucking companies may have complicated corporate structures or layered insurance policies that make it difficult to determine the extent of financial assets available to the company.