Truck brake failure and other problems with the truck’s braking system are common causes of truck wrecks that leave victims suffering from catastrophic and fatal injuries. If this was the cause of your crash, determining the liable parties is important to ensure that you receive the total compensation you are owed in your settlement. However, identifying these parties can be more complicated than you think.
Responsible Parties in Truck Wrecks Caused by Brake Failures
Who is responsible for compensating you will depend on the cause of the wreck. You need to keep in mind that more than one party can face liability. Here are common parties to sue in these cases:
- Truck driver. The trucker will most likely face some liability for failing to properly inspect the truck brakes before starting his trip or driving when he knew there were mechanical problems with the brakes. In addition, he could face responsibility if his cargo was not loaded properly and this caused the brakes to overheat.
- Trucking company. The trucking company could be vicariously liable for any negligent actions of the truck driver. In addition, the trucking company could face responsibility for lack of maintenance of the brakes, depowering the brakes, or improper loading of the truck.
- Shipper. If a shipping company loaded what was being transported, the company could be held accountable if this caused the brakes to overheat and fail.
- Truck mechanic. Some trucking companies contract out the maintenance and repair of their trucks. If the repair facility failed to conduct required inspections of the brakes, failed to repair or replace them, or was involved in depowering the brakes, it could be a party in a lawsuit.
- Brake manufacturer. If your crash was caused by defective truck brake parts, you could have a products liability claim against the manufacturer of the brakes.
At the Hart Law Firm, our experienced truck wreck attorneys understand the importance of thoroughly investigating truck wreck claims and identifying all liable parties so that our clients receive the compensation they are entitled to. Contact us online or call us directly at 817.380.4888 to schedule a free consultation. We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.