Legal Remedies for Victims of Truck Accidents Caused by Brake Failures
Commercial truck accidents in Mississippi cause severe injuries and fatalities due to the size and force of these vehicles. Brake failures make these accidents especially dangerous, as loaded trucks become uncontrollable without proper braking. Such failures are often due to negligence and result in devastating, often life-altering, injuries.
If brake failure is suspected in a Mississippi truck accident, determining the cause is essential for victims seeking legal recourse. If you find yourself in this situation, Gardner Law Group is here to help. Call us today at 228-436-6555 or 228-762-6555 to schedule a free consultation and case assessment.
Common Causes of Truck Brake Failures
Several factors can contribute to the failure of a commercial truck’s braking system. These include:
Improper Maintenance: This is a leading cause. Commercial trucks require rigorous maintenance schedules. Neglect can manifest as:
- Worn brake pads, shoes, drums, or rotors not being replaced in a timely manner.
- Air system leaks in trucks equipped with air brakes (the most common type in large CMVs).
- Contaminated brake fluid or insufficient fluid levels in hydraulic systems.
- Malfunctioning slack adjusters or S-cams.
- Faulty air compressors or governors.
Defective Parts or Manufacturing Defects: Sometimes, the brake components themselves are flawed from the factory. A design defect in the braking system or a manufacturing error in a specific part can lead to premature or unexpected failure.
Improper Loading: Trucks that are overloaded or have improperly distributed cargo put excessive strain on all vehicle components, including the brakes. This can lead to overheating and reduced braking efficiency, eventually causing failure.
Driver Error: While mechanical issues are common, driver actions can also play a role:
- Improper braking techniques, such as excessive or prolonged braking on downgrades, can cause brakes to overheat and lose effectiveness (brake fade).
- Failure to conduct thorough pre-trip inspections, which are mandatory and designed to catch issues like worn brakes or air leaks.
- Ignoring warning signs of brake problems, such as unusual noises, pulling to one side during braking, or a “soft” brake pedal.
Identifying Potentially Liable Parties
In a truck accident case stemming from brake failure, several parties may bear legal responsibility for the resulting harm. Identifying all potentially liable entities is key to ensuring full compensation for victims. These parties can include:
The Trucking Company (Motor Carrier): Trucking companies have a legal duty to ensure their vehicles are safe and properly maintained. They can be held liable for:
- Negligent maintenance practices or failing to adhere to federal and state inspection requirements.
- Inadequate training of drivers on proper vehicle inspection and operation.
- Pressuring drivers to violate hours-of-service rules or operate unsafe vehicles to meet delivery schedules.
- Negligent hiring or retention of unqualified or reckless drivers.
The Truck Driver: The driver has a direct responsibility to operate the truck safely and to conduct pre-trip and post-trip inspections. Negligence can include:
- Failing to perform required inspections or ignoring evident brake problems.
- Operating the truck recklessly.
- Driving while fatigued or under the influence, impairing their ability to respond to or notice brake issues.
The Brake Manufacturer or Parts Supplier: If the brake failure was due to a defective component or a design flaw in the braking system, the manufacturer or supplier of that part can be held liable under product liability laws.
A Maintenance or Repair Shop: If an independent shop was contracted to service the truck’s brakes and performed negligent repairs or failed to identify a dangerous condition, that shop could be liable.
The Cargo Loader/Shipper: If the truck was overloaded or its cargo was improperly secured by a third-party loader, and this contributed to the brake failure and accident, that entity could also share liability.
Our experienced legal team will investigate all these possibilities to determine who is at fault.
Specific Challenges in Mississippi Brake Failure Cases
Truck accident claims involving brake failure present unique hurdles that require specialized knowledge and resources. Victims in Mississippi should be aware of these complexities.
Technical Complexity
Proving that brake failure was the cause of an accident, and that this failure stemmed from negligence, is often a highly technical undertaking. It usually requires:
- Expert Witnesses: Qualified accident reconstructionists are needed to analyze the crash scene, vehicle dynamics, and EDR data. Mechanical engineers or brake system specialists may need to inspect the truck’s braking components (if preserved) to identify the precise point of failure and determine if it was due to wear, defect, or improper maintenance.
- Detailed Analysis of Components: This can involve examining air lines for leaks, measuring brake lining thickness, checking slack adjuster settings, and assessing the condition of drums, rotors, and other critical parts.
Without this technical expertise, it can be difficult to definitively link the brake system’s condition to the accident.
Regulatory Compliance
The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover2 numerous aspects of truck operation, including detailed mandates for brake system inspection, maintenance, and performance (found primarily in 49 CFR Parts 393 and 396).
- Demonstrating that a trucking company or driver violated specific FMCSRs (e.g., failure to conduct required inspections, operating with known brake defects, falsifying maintenance logs) can be powerful evidence of negligence, sometimes constituting “negligence per se.” This means the violation itself can establish a breach of duty.
- Attorneys handling these cases must have a deep working knowledge of these complex federal regulations and how they apply to the specific facts of a Mississippi truck accident.
Multiple Parties and Complex Insurance Issues in Mississippi
As previously mentioned, multiple parties can be liable in a truck brake failure case. This often means dealing with several different insurance companies and policies:
- Layered Coverage: Commercial trucks typically carry much higher insurance policy limits than passenger vehicles, and there can be multiple layers of coverage (e.g., primary liability, umbrella policies).
- Inter-Defendant Disputes: Liable parties and their insurers may try to shift blame to one another to minimize their own financial exposure. This can complicate and prolong settlement negotiations.
- Out-of-State Defendants: If the trucking company or driver is based outside of Mississippi, jurisdictional questions and logistical challenges can arise, though if the accident occurred in Mississippi, legal action can generally be pursued here.
Successfully navigating these multi-party, multi-insurer dynamics requires skill and experience in commercial vehicle litigation in Mississippi.
Serious Injuries from Truck Brake Failure? Get Legal Help Now.
The aftermath of a truck accident caused by brake failure is an incredibly difficult time. Victims are often left with serious injuries, emotional scars, and substantial financial worries. If you or a family member has been impacted by a truck accident in Mississippi where brake failure is suspected, please do not hesitate to seek legal guidance. The Gardner Law Group offers a free, no-obligation consultation to discuss your case. We can help you explore your legal options, answer your questions, and provide a clear path forward. Our team is dedicated to helping victims in Mississippi hold negligent parties accountable. Contact us today to schedule your free, no-obligation consultation.
Gardner Law Group
Biloxi Office
178 Main Street,
Biloxi, MS, 39530
P: (228) 900-9618
Pascagoula Office
3012 Canty Street,
Pascagoula, MS, 39567
P: (228) 231-3855
