Oregon Brake Failure
Truck Accidents

Our Team Offers Legal Support to Victims of Truck Accidents Caused by Brake Failure

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It is an understatement to say that truck brake failures can be catastrophic. In 2022, faulty brakes caused a box truck to travel 200 feet before crashing into a Portland house — amazingly without casualties. However, many brake failure truck accidents end in serious injuries and even death to truck drivers and, more often, other motorists.

Brake failures can happen for many reasons, but if negligence is a factor, truck accident victims may have recourse to compensation. Our Oregon truck accident attorneys understand how devastating these accidents can be and how to seek justice for victims. We can determine why the brake system failed, identify who is responsible for it, and pursue the compensation you deserve from that party.

Why Truck Brake Systems Fail

Unlike cars that use hydraulic brakes, most trucks on Oregon’s roads use an air brake system. Pressurized air flows from the engine compartment, through the air brake lines, to the brakes of each wheel. 

When the driver pushes the brake pedal, the pressurized air begins a process that ultimately applies the brake pads to the wheel, gradually bringing the whole vehicle to a stop. The advantage of an air brake system is that it does not rely on brake fluid, which needs to be regularly replaced. 

The Federal Motor Carrier Safety Administration (FMCSA) requires commercial vehicle brakes to work on all wheels at all times. Trucks and truck tractors must also have warning devices to signal when brakes have failed. Regular brake maintenance is essential to meeting these requirements; when it is overlooked, the results can be catastrophic.

Improper brake maintenance

The FMCSA requires that every motor carrier “systematically inspect, repair, and maintain all commercial motor vehicles (CMVs) under its control.” Commercial truck operators must also keep records of all inspections, repairs, and maintenance. Neglecting maintenance can lead to a lack of air pressure in braking systems, worn-out brake pads, and a lack of lubrication — all of which can ultimately lead to brake failure truck accidents.

If a motor carrier has been lax in maintaining its brakes, brake failure lawyers can request access to their maintenance records. If your lawyer finds evidence that industry standards have not been met, this could prove liability and strengthen your case for receiving compensation for your injuries.

Defective truck brakes

Design flaws, malfunctioning components, and production errors can cause unexpected brake failures. Brakes can also malfunction due to installation errors, such as misaligned brake shoes. Truck accident attorneys must investigate the defective part or installation in such cases to identify who is ultimately responsible. 

Overloading and excessive wear

Truck brakes are designed to cope with specific loads. When the load is exceeded or is distributed unevenly, the brakes may overheat. There is a danger that brakes will not work as effectively and even fail if the truck is subject to additional pressure, such as a steep downhill slope or poor weather. This highlights the importance of truck safety protocols as a whole to protect every part of the truck and its operation.

Air pressure problems

An air brake system must maintain adequate air pressure to function correctly. The Oregon Department of Transportation (ODOT) requires truck drivers to stop and park their vehicles as soon as possible when the low air pressure warning comes on. If this was ignored and low air pressure led to brake failure, you could have a case for compensation.

Identifying At-Fault Parties in Truck Brake Failure Accidents

Truck accident cases can be complicated because there are many potentially responsible parties. Truck accident attorneys know how to untangle these complex questions of liability and build cases that hold up in negotiations and court, if necessary.

Once your lawyer has identified the negligence that caused the truck accident, one of the following parties is likely to be responsible.

Truck drivers

Truck drivers are responsible for far more than driving their trucks from place to place. Truckers are also trained to inspect and ensure their vehicles are in proper working condition before setting off. 

Under the Code of Federal Regulations (CFR), section 392.7 (a), “no commercial motor vehicle shall be driven unless the driver is satisfied that the following parts [including the service brakes and trailer brake connections] and accessories are in good working order.” Failure to do so could be evidence of negligence.

Yet, if a truck driver fails in his or her duties and causes a truck accident that results in your injury, you likely will not pursue him or her directly. Under the legal concept of respondeat superior, trucking companies are responsible for the conduct of their drivers. If the driver failed to check the brakes or did not report issues that he or she found, the trucking company could still be liable for the accident. 

Trucking company

The trucking company itself may also be deemed negligent if it failed in its duty to maintain its fleet of trucks systematically. After a truck brake failure accident, attorneys will dig into the company’s truck maintenance records to discover what went wrong. The records may show a lack of maintenance or a failure to perform timely repairs. 

Independent investigations may also uncover that the brakes were installed incorrectly. If your attorney can gather evidence that the trucking company failed in its duty of care, you may be able to pursue the company for compensation. 

Truck owners

In the complicated world of commercial trucking, the truck owner and the trucking company are not always the same entity. The truck owner may also have a duty of care toward other road users, depending on the specific situation. Truck accident attorneys can investigate the owner’s liability and seek to hold the owner and other responsible parties accountable for your truck crash injuries. 

Brake manufacturers

Your truck accident lawyer may work with expert engineers to identify whether brake manufacturers were at fault. These specialists can investigate the truck’s brakes and compare the components and installation with industry standards. 

Brake failure experts may be able to identify flawed components that contributed to your accident. Expert witness testimony could provide the basis for a product liability lawsuit, which could allow you to recover compensation for your losses.

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How Brake Failure Lawyers Pursue Justice

Recovering compensation after a truck can be complicated, so your truck accident lawyer must meticulously complete each part of the following process to give you the best chance of holding the responsible parties accountable for causing your injuries:

Go to court: If insurance companies refuse to offer a fair settlement out of court for your truck crash injuries, a Johnston Law Firm attorney can fight your case in court.

Thoroughly investigate the truck accident: Brake failure lawyers may examine truck maintenance records, inspection reports, photographs from the accident scene, witness statements, expert witness testimony, accident reconstruction specialist reports, and data from the truck’s electronic logging device (ELD) to build a compelling case.

Calculate the impact of your accident: Brake failure lawyers will investigate the full financial impact of your accident. Additionally, a lawyer can put a dollar figure on your intangible losses, such as pain and suffering, mental distress, and loss of enjoyment in life, to give you the best chance of recovering maximum compensation for your injuries.

Handle insurance companies: Truck accidents can cause devastating injuries to many people due to the huge weight disparity between trucks and other vehicles. Insurance companies want to keep compensation payments as low as possible. Your truck accident attorney can build a strong case and play hardball in negotiations to give you the best chance of recovering compensation that meets your needs.