A healthy braking system is a vital component of all automobiles. However, for a semi-truck, the consequences of brake failure are especially dangerous. Large commercial trucks are many times the size of an average passenger car. If a trucker cannot control their vehicle’s momentum, the consequences can be catastrophic or even fatal.
If you have suffered injuries or lost a loved one in a semi-truck accident and you suspect brake failure was a factor, you may be eligible for compensation for your losses. The experienced truck accident team at Silkman Law Firm Injury & Accident Lawyer can help you fight against the trucking company, their insurer, and their high-powered lawyers. Our legal team will do everything we can to protect your rights and interests. Call us today or contact us online for a free consultation to learn more about how we can help you.
How Do Semi-Truck Brake Failures Happen?
The failure of a semi-truck’s braking system can occur for many reasons that fall into two broad categories: mechanical failure and human error.
Mechanical Failure
In some instances, brake failure can result from a system design or manufacturing flaw. When this occurs, a Phoenix semi truck accident lawyer can file a product liability claim on your behalf to hold the makers of the braking system accountable.
Human Error
In many accident cases where brake failure is a factor, the braking system itself is not to blame. Instead, the individuals in charge of inspecting and maintaining the brakes bear liability. These parties may include:
- The trucking company – The Federal Motor Carrier Safety Administration (FMSCA) requires all commercial transport entities to inspect and maintain their vehicles regularly. However, some companies neglect to fulfill this obligation in an attempt to cut costs.
- The brake inspector – A brake inspector who does not have the correct qualifications or fails to diagnose an issue they should have found may be at fault for a resulting semi truck accident.
- The mechanic – If a mechanic fails to repair the problem, they may bear some liability for resulting losses.
- The truck driver – Drivers must perform regular checks on their vehicles before embarking on a trip. Truckers who fail to inspect their trucks or who choose to ignore problems they have detected can be held accountable for their negligence.
The Aftermath of Brake Failure Accidents
Without a functioning brake system, a runaway semi-truck can cause overwhelming devastation and catastrophic injuries. Some of the possible consequences of a brake failure accident include:
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Organ damage and internal bleeding
- Amputations
- Broken bones
- Facial and dental injuries
- Death
In addition to immeasurable pain and suffering, these injuries can require costly medical procedures and extended periods off work, which can lead to overwhelming financial turmoil. Furthermore, losing a loved one can cause sudden financial upheaval in addition to grief. An experienced semi truck accident attorney can fight for the compensation you deserve for these losses.
Documentation and Proof
Building a robust case hinges on solid evidence. Our team at Silkman Law Firm Injury & Accident Lawyer goes the extra mile to collect crucial evidence by:
- Conducting vehicle inspections to zero in on flaws in the braking system
- Scrutinizing maintenance logs for negligence
- Securing any available camera footage of the incident
- Obtaining witness statements and your medical records to strengthen your claim
In essence, we compile compelling evidence to hold the responsible parties accountable and secure the compensation you deserve.
How Arizona Laws Impact Truck Accident Claims
Arizona follows a pure comparative negligence rule. Under this system, you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are deemed 25 percent responsible for causing the crash, your final compensation would be reduced by 25 percent. It is critical to have an experienced attorney who knows how to collect the evidence that could prove the defendants’ greater share of liability to maximize your payout.
What to Do After a Semi-Truck Accident
Taking the following steps after a semi-truck accident can protect your health and your claim:
- Seek medical attention – Your health should be your priority. Get checked out by emergency services or visit the hospital, even if you do not believe you have suffered injuries. Symptoms of some severe injuries can take time to manifest.
- Document the scene – Take photos and videos of property damage, skid marks, debris, injuries, etc. This evidence can strengthen your case.
- File a police report – Provide an accurate account of what happened to ensure the responding officer documents it properly. Obtain a copy of the report.
- Contact an attorney – Speak with a qualified truck accident lawyer immediately. We can start gathering evidence right away.
- Avoid admitting fault – Anything you say can be used to minimize the value of your claim. Do not make any statements accepting blame. Let your attorney handle communications.
- Seek support – The aftermath of an accident can be emotionally and financially draining. Surround yourself with loved ones, and let us handle the legal process.
Contact Our Phoenix Truck Accident Attorneys Today
Many people feel overwhelmed after suffering injuries in a truck accident, but it is crucial to remember that you do not have to face the challenges of this time alone. Our Phoenix personal injury lawyer can give you the legal and moral support you need to reclaim control of your life.
The skilled and knowledgeable legal team at Silkman Law Firm Injury & Accident Lawyer can help you seek justice from the at-fault party and recover the compensation you deserve. Personal injury law is all we do, and we know the most effective strategies to achieve favorable outcomes for our clients. Contact us today for a free consultation to learn more about your legal options.