Did you get hurt after a truck’s brakes failed? A crash caused by brake failure can be especially frightening because you likely had no realistic opportunity to avoid the collision. The aftermath of an accident like this can be scary, but you don’t have to go through the experience alone.
Instead, contact a truck accident lawyer in Atlanta who has experience handling cases like yours. At Van Sant Law, our firm has been serving Georgia residents since 2008. In that time, we’ve recovered hundreds of millions in compensation for our clients.
Home to attorneys with decades of combined experience, we have what it takes to determine who’s legally responsible, handle conversations with insurers, and serve as your brake failure truck accident lawyer in Atlanta. Make the Right Call by contacting us today.
Who Is Responsible When a Truck’s Brakes Fail?
A brake failure accident doesn’t automatically make the truck driver responsible. This might seem surprising, but there can be multiple explanations for a braking system failure, such as:
- The driver failed to recognize or report a problem.
- A trucking company neglected required maintenance.
- A maintenance provider performed inadequate repairs.
- A manufacturer produced a defective component.
In some cases, more than one party shares responsibility. That’s why a brake failure case should not stop with the question, “Why didn’t the driver stop?” The more important question may be, “Why couldn’t the truck stop?”
The answer will likely determine who is legally responsible for your injuries, and your Atlanta personal injury lawyer can look into this information on your behalf.
Georgia’s comparative fault law (O.C.G.A. § 51-12-33) also makes it important to identify all parties whose conduct contributed to an accident. A plaintiff’s damages can be reduced based on their percentage of fault. Anyone who is 50% or more responsible generally cannot recover damages under the statute. This makes the investigation more important than ever.
What If the Truck Driver Knew the Brakes Were Failing?
A particularly important question is whether the driver either knew or reasonably should have known that their truck had a braking problem prior to the crash. Imagine that a driver notices any of the following concerns:
- The brake pedal feels unusual.
- The brakes are making unusual noises.
- The truck takes longer to stop.
- Warning lights appear.
- The vehicle has already experienced a brake problem.
If the driver continues operating the truck despite a known safety issue and subsequently causes a collision, those facts may be highly relevant to a negligence claim. The same is true if a driver or trucking company fails to conduct required inspections or ignores a problem they should have discovered.
Georgia law requires motorists to operate vehicles safely under the circumstances. For example, Georgia’s basic speed rule (O.C.G.A. § 40-6-180) requires drivers to operate at a “reasonable and prudent” speed when approaching and crossing intersections, when going around curves, and when potential hazards exist.
As a result, speed is often an important detail in brake failure cases, and your brake failure truck accident attorney in Atlanta can investigate.
What Federal Brake Regulations Apply to Your Case?
Commercial trucks are usually subject to federal safety regulations in addition to Georgia traffic laws. Federal Motor Carrier Safety Administration regulations address commercial motor vehicle brake systems, including:
- Brake tubing
- Hoses
- Other components
The specific regulations that apply depend on the type of vehicle and its operation. That distinction matters because not every commercial vehicle is subject to every federal trucking requirement.
In a personal injury case, the existence of a federal regulation does not automatically establish liability. Our brake failure truck accident lawyers in Atlanta still need to determine if a violation occurred, if it was relevant to the accident, and if it caused or contributed to your injuries.
Still, those regulations can provide an important framework for investigating whether the truck was properly maintained and operated.
What Evidence Can Prove Brake Failure?
Brake failure is often a technical issue, and the strongest evidence may not be something an accident victim can identify personally. Depending on the circumstances, your attorney might gather evidence such as:
- Maintenance and inspection records
- Repair invoices and work orders
- Driver inspection reports
- Electronic vehicle information
- Photographs of damaged brake components
- The truck’s maintenance history
- Records of previous complaints about braking
- Witness statements
- Police and crash investigation records
- Accident reconstruction evidence
- Video from nearby businesses, vehicles, or traffic systems
- Information about the truck’s load and weight
- Manufacturer information and component records
The evidence needed depends on the case. For example, if the truck’s brakes were replaced shortly before the collision, repair records could be particularly important.
If the company had received repeated complaints about the braking system, maintenance records could take on a different significance. Your lawyer’s job is to determine what evidence matters and pursue it before it disappears or becomes difficult to obtain.
Call Van Sant Law for Help From a Brake Failure Truck Accident Attorney in Atlanta
When brake failure is involved in a crash, our Atlanta brake failure truck accident attorneys will look beyond the obvious defendant, especially when the evidence supports it. We will work on identifying every potentially liable party and every possible avenue of compensation.
We also understand that many people do not want to sue someone after an accident, and that is a legitimate concern. However, in most cases, we will file a claim against the at-fault party’s insurance company, not the individual driver who hit you due to failed brakes.
At the end of the day, our focus is on holding the insurer accountable so that you’re not in a position where you have to pay the financial consequences of an accident you did not cause. Make the Right Call and contact Van Sant Law to discuss your legal options.
