Search Site
Menu
Who Is Responsible for a Truck Accident When the Brakes Fail?

Commercial trucking is a complex industry with many parties involved. So, when something goes wrong and trucks are involved in collisions, there’s often a great deal of blame-shifting, making it difficult to determine who is responsible. Take, for example, an accident where the cause is brake failure. The parties who might be at fault include:

  • Brake manufacturers — The Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation, sets minimum safety standards for the performance of commercial truck brake systems. A braking system that fails to operate according to standards might be considered defective by design, if there is a widespread issue with its performance. If the system presents only sporadic problems, there might be a defect in the manufacture of the brakes. However, for the manufacturer to be liable, the defect would have to have existed at the time the system was produced.
  • Drivers — Negligent actions or omissions in the operation of truck braking systems can cause the brakes to fail. A driver who should have been aware of the problem but kept driving until the brakes gave out would certainly have to share some responsibility. The trucking company is responsible for the negligent acts or omissions of its employee while performing work-related duties.
  • Cargo companies — Companies that specialize in loading cargo into commercial trucks must make sure the cargo is secure and distributed in a safe manner throughout the trailer. Improper loading of a tractor-trailer can cause brakes to overheat and malfunction.
  • Maintenance companies — Companies hired to maintain commercial trucks must perform scheduled maintenance and be reasonably vigilant about noticing problems and following up on comments from drivers. Companies that neglect maintenance can be liable for accidents that result. However, if the trucking company puts rigs on the road over the objections of the maintenance company, fault can shift to the trucking company.

It is often necessary to attach all possible defendants in your truck accident lawsuit. The information that they reveal while pointing fingers at each other can greatly benefit your claim.

If you have questions about your truck accident case, speak to a knowledgeable attorney at Massengill, Caldwell & Coughlin, P.C. Call us today at 423-797-6022 to schedule your free initial consultation, or contact us online.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Office
  • Bristol Office
    777 Anderson Street
    Bristol, Tennessee 37620
    Phone: 423-797-6022
    Fax: 423-764-1179
TESTIMONIALS
  • "Myers Massengill II has represented me for the last four years in my original divorce case and in subsequent returns for other issues..." "  -Shirley Schultz

  • "When we were in crucial need of both knowledge and competency due to a legal situation, Mr. Myers Massengill of this firm spent the time we needed..."  -Geoff Stunkard

  • "Throughout my two years working with Mr. Massengill, I was treated with the utmost respect and courtesy..."  -Debbie Compton

  • "Mr. L. Carter Massengill handled my case with the utmost courtesy, efficiency and professionalism... "  -Karla Jolene Leybold

  • "Mr.Carter Massengill and staff most respectful and nicest people to help quickly resolve your legal issues and with a positive outcome..."  -Brandon Thorpe

  • "Carter's assistance in navigating the complicated path through the Disability appeals process was instrumental in her approval. We can't thank him enough."  -Scott S.

  • "Thank you for helping me win my case. "  -Jenna.

  • "I am very pleased with the service from Myers and his staff. Very professional and personable at the same time . I felt like my case mattered to them . I would highly recommend their services (and a special thank you to Pam ..you guys have been so helpful)"  -Rhonda.

  • "Carter Massengill did an excellent job helping me with my disability. He did a great job along with his assistant Sandra. Honest and helpful people to deal with. I would definitely recommend him."  -Patty.

  • "Attorney Carter Massengill is hands down one of the most trustworthy and genuine individuals you will ever meet. Rest assured that you are in good hands and that he is going to do everything in his power to take the best care of you and your case, along with expediting the process as quickly as possible. It's rare that an attorney possesses such great attributes in the sense that he is easy to talk to and when he says he is going to get something done, he does it! His office staff is the best. They know their clients and have excellent communication skills. It helps when you are going through a difficult situation. They are a great team and you would be very fortunate to have them represent you! We were able to settle out of court for exactly what we were asking for and this was with me having pre existing pain from fibromyalgia. I am extremely blessed to have hired such a wonderful attorney."  -C.M.

AWARDS & AFFILIATIONS
DISABILITY VIDEO
PERSONAL INJURY VIDEO