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Who is Liable in a Biscayne Park Trucking Accident Case Caused by Brake Failure?

According to the Department of Transportation (DOT), 29.4% of all accidents involving big trucks involve some form of brake issues, such as brake failure. In cases where brake failure causes a Biscayne Park truck accident, there may be many liable parties:

1) The driver. Truck drivers are required by federal regulations to perform a pre-trip inspection each day and to keep a record of these inspections. Drivers are mandated to check brake shoes and to check for air leaks and loose brake components. If drivers fail to complete these inspections, fill out the reports, or report known problems, they may be held liable for any injuries that result from a truck accident caused by brake failure.

2) The company responsible for loading the cargo. The company responsible for loading the cargo may incorrectly load or secure the cargo or may overload the truck, causing excessive pressure on the brake system, and, potentially, brake failure. In these cases, the company may be held liable if an accident and injuries result.

3) The company that owns the truck or the company that is responsible for brake maintenance. In cases where a different company than the owner-operator is responsible for the maintenance of brake systems, that company may be held liable if a Biscayne Park car accident or truck accident occurs because the brakes were not correctly maintained.

4) The brake manufacturer. A brake manufacturer producing brakes for a commercial truck is required by federal regulations to ensure that the brakes allow the truck to stop at a specific rate, to ensure that the brakes develop a specific braking force, and to ensure that brakes meet the requirements for automatic brake adjustment systems. In cases where brakes do not meet the regulations, the brake manufacturer may be held liable for a Biscayne Park traffic accident caused by the defective brakes. These legal claims are usually Biscayne Park products liability claims and usually occur because there was some defect with the brake’s design or manufacturing process.

5) The truck carrier. Some truck carriers may not order adequate maintenance on their trucks or may make poor decisions, such as unhooking the front brakes to save money on brake maintenance. Truck companies must, by federal regulations, keep maintenance records showing that brakes and other truck systems are correctly maintained. When truck carriers are negligent in keeping these records or ensuring that trucks are correctly maintained, they may be held liable if the truck’s poor condition causes an accident and injuries.

After a Biscayne Park truck accident, determining liability can be challenging. It is common for one potential liable party to blame another. A truck driver may blame the truck carrier for unsafe policies while the truck carrier may blame the brake manufacturer for defective brakes. In turn, the manufacturer may blame incorrect maintenance for the tire failure. The best way to determine all liable parties is to work with a Biscayne Park personal injury attorney who has experience in truck cases. A good attorney can investigate the cause of an accident and can find all liable parties, increasing the chances of fair compensation.


Do you think you may have a Biscayne Park truck accident case? Find out by contacting the Flaxman Law Group today for a free, no obligation evaluation of your case.