Brake Failure and Bad Brakes

Brake failure has been the main cause of thousands of commercial truck accidents across the country and can be tied to poor truck maintenance held liable by trucking company, the inspection station, or the driver of the truck. Commercial truck accidents are responsible for 5,000 deaths and over 130,000 injuries on the roads of America each year. Commercial trucks are some 40 times heavier then passenger vehicles, resulting in the majority of the damage to the passenger vehicle when an accident between the two occurs. If the breaks fail on a commercial truck then it will barrel towards another vehicle with nothing standing in its way to stop it.

Brake Failure Causes

Brake failure can be caused by a variety of reasons including:

• Old brakes
• Cost cutting measures
• Negligence by contractors during brake maintenance
• Driver negligence (the driver is required by law to perform pre-trip brake checks)

Liability

When it comes to commercial truck accidents caused by brake failure, the driver of the truck, the trucking company, the contractor, and/or the technician working on the truck can all be held liable for the accident. All of these parties have a duty of reasonable care towards other motorists on the roadway to provide a safe truck. If this duty of reasonable care is breached then these parties can be held liable for the accident.

Brake Laws by State

Brake laws by state are as follows:

• Alabama: required over 3,000lbs GVW
• Alaska: required over 3,000lbs GVW
• Arizona: required over 3,000lbs GVW
• Arkansas: required over 3,000lbs GVW
• California: required over 3,000lbs GVW
• Colorado: required over 3,000lbs GVW
• Connecticut: required over 3,000lbs GVW
• Delaware: all vehicles
• District of Columbia: required over 3,000lbs GVW
• Florida: required over 3,000lbs GVW
• Georgia: required over 3,000lbs GVW
• Hawaii: required over 3,000lbs GVW
• Idaho: Trailers must have independent braking system
• Illinois: required over 3,000lbs GVW
• Indiana: required over 3,000lbs GVW
• Iowa: required over 3,000lbs GVW
• Kansas: every vehicle
• Kentucky: no specific laws
• Louisiana: required over 3,000lbs GVW
• Maine: required over 3,000lbs GVW
• Maryland: required over 3,000lbs GVW
• Massachusetts: trailers over 10,000lbs
• Michigan: required over 3,000lbs GVW
• Minnesota: trailers over 3,000lbs
• Mississippi: 2,000lbs GVW
• Missouri: no trailer requirements
• Montana: required over 3,000lbs GVW
• Nebraska: required over 3,000lbs GVW
• Nevada: required over 1,500lbs GVW
• New Hampshire: every trailer
• New Jersey: every trailer
• New Mexico: required over 3,000lbs GVW
• New York: required over 3,000lbs GVW
• North Carolina: 4,000lbs GVW
• North Dakota: every trailer
• Ohio: required if trailer has empty weight of 2,000lbs GVW
• Oklahoma: required over 3,000lbs GVW
• Oregon: not required
• Pennsylvania: every trailer must be equipped with adequate brakes
• Rhode Island: required over 4,000lbs GVW
• South Carolina: required over 3,000lbs GVW
• South Dakota: required on all trailers
• Tennessee: required over 3,000lbs GVW
• Texas: required over 4,500lbs GVW
• Utah: every vehicle
• Vermont: required over 3,000lbs GVW
• Virginia: required over 3,000lbs GVW
• Washington: required on all vehicles
• West Virginia: required over 3,000lbs GVW
• Wisconsin: required over 3,000lbs GVW
• Wyoming: every vehicle

Injuries and Compensation

Injuries from truck accidents can include concussions, broken bones, fractures, severed limbs, burns, comas, head trauma, and other injuries. Victims can be compensated for pain and suffering, loss of wages, medical bills, hospital bills, legal fees, court fees, funeral costs and much more.

Obtaining Legal Help

If you or a loved one has been seriously injured in a commercial truck brake failure accident, contact an attorney immediately for expert legal advice regarding your case.