My relatives were killed in an accident with a big rig truck because the city had closed a ramp. Can they be liable?

Question:  My relatives were on vacation near Los Angeles, California when they were killed when a big rig couldn’t stop due to brake failure.  The truck was on a downhill grade when the brakes gave out.  According to Caltrans, they closed a runaway truck ramp that could have prevented this tragedy.  Can they be held liable as well?

Response:  According to a three-year study by the Federal Motor Carrier Safety Administration (FMCSA), brake deficiencies account for nearly 30 percent of big rig accidents.  Heavy trucks use air brakes exclusively.  The most common failure is known as brake fade.  This occurs when the drums, discs, and the linings of the brakes overheat from excessive use.  Intermittently applying the brakes is the preferred method when a truck is on a long downhill journey.  A truck’s brakes can heat up from overuse, such as riding the brakes on a long downgrade, which might be viewed as driver error.  Additionally, improper loading can make the brakes heat up quicker causing them to fail.  There may be several defendants who can be held liable for this tragedy.

Truck accidents are especially challenging because of the laws and regulations involved.  It is a common misconception that accidents involving large trucks are personal injury cases.  There are specific laws and regulations governing the safety of commercial vehicles.  Proving liability in a complicated case will need to be handled by an experienced attorney who can advise you in these matters. 

Answered by Linda Adams

Additional Resources: California Department of Transportation       

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