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Determining Fault in a Truck Accident Involving Defective Brakes

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There are a variety of reasons why commercial truck accident occurs, including mechanical failure, road conditions, and driver error. Because of the risk of major injuries that come along with a commercial truck accident, both the owner and driver of the truck need to take steps to ensure that the truck is in good working condition, and this includes the entire brake system. 

Reasons Why Brakes Fail

There are a number of reasons why brakes fail, including the following:
-The brakes were repaired or installed incorrectly
-There has been no upkeep or maintenance on the brakes
-The driver failed to use the brakes correctly.
-The brakes are defective

There are times when truck brakes are defective due to a flaw in the design or manufacturing of the brakes. If this is the case, you may be able to sue the designer or manufacturer of the brakes. If the brakes were not defective but were incorrectly repaired or installed, the repair shop is held responsible for the damages arising from a truck accident that is caused by brake failure. 

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Because a truck driver should know how the handle the truck in a variety of situations, he’s the one individual who should know if the brakes are working as they should. The truck driver may also contribute to brake failure if the individual was operating the truck in a reckless manner such as speeding and suddenly needing to slam on the brakes, or he was operating the truck while otherwise distracted.

Determining Fault 

When a car and commercial truck are involved in a car accident, it’s critical that the responsible parties are identified as soon as possible. You must be able to prove that another individual or entity was at fault for your accident in order for you to receive compensation. If the reason for the accident was due to brake failure, there are several parties that could be responsible for the collision, including the trucking company, the driver, the company who manufactured the brakes and even the company who marketed and sold the defective brakes.

Other responsible parties for brake failure in a truck accident include:

The shipper (this could be due to a loading error)
The designer of the brakes
The trucks’ mechanic or repair shop

One you have correctly identified the parties, your accident lawyer will begin the process of filing a claim on your behalf. It’s safe to say that most likely the insurance company of the person or entity you deem to be negligent will aggressively fight the claim. This is one of the many reasons why you will need the experience of attorneys for personal injury in Huntsville on your side. You need someone who knows where to look in order to prove negligence and who will aggressively fight back in order for you to receive the compensation you deserve for your injuries. Don’t let the tempting offer of fast cash fool you, contact an experienced personal injury attorney for more information on your claim.