Oregon Truck Brake Failure Accident Lawyer

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

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Truck brake failures can be catastrophic, leaving motorists with serious injuries, substantial financial losses, and questions about who should be held responsible. Brake failures can happen for many reasons, but when negligent maintenance, defective components, overloading, or another preventable problem contributes to a crash, injured people may have recourse to compensation.

Johnston Law Firm has been serving clients in Portland and throughout Oregon for over 20 years. Our truck accident attorneys can investigate why the brake system failed, identify potentially responsible parties, and pursue compensation for your injuries and losses.

Were you injured in an Oregon truck accident caused by brake failure? Call Johnston Law Firm at 503-546-3167 or complete our online contact form to schedule a free consultation with our legal team.

How Our Truck Brake Failure Attorneys Help You Pursue Justice

Recovering compensation after a truck accident can be complicated. At Johnston Law Firm, we meticulously investigate the circumstances surrounding brake failure accidents and build evidence designed to hold responsible parties accountable. We can assist by:

• Thoroughly investigating the truck accident: We may examine truck maintenance records, inspection reports, accident scene photographs, witness statements, expert testimony, accident reconstruction reports, and data from the truck’s electronic logging device (ELD) to build a compelling case.
• Calculating the impact of your accident: We investigate the full financial impact of your accident, including current and future losses. We can also evaluate intangible losses, such as pain and suffering, mental distress, and loss of enjoyment of life.
• Handling insurance companies: Insurers want to keep compensation payments as low as possible. We can build a strong case, handle communications with insurance companies, and negotiate for compensation that reflects your injuries and losses.
• Preparing your case for trial: We prepare evidence, work with qualified experts, and develop your case for court when litigation becomes necessary.
• Going to court: If insurance companies refuse to offer a fair settlement for your truck crash injuries, we can take your case to court and advocate for your interests at trial.

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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Compensation We Can Help You Pursue for Your Truck Accident

A truck brake failure accident can result in extensive medical treatment, time away from work, long-term physical limitations, and significant personal losses. Johnston Law Firm can assess how the crash has affected your life and pursue the compensation available from the parties responsible for your injuries.

Depending on your case, damages may include:

• Economic damages: Medical expenses, future treatment costs, rehabilitation, lost wages, reduced earning capacity, property damage, and other measurable financial losses resulting from the truck accident.
• Non-economic damages: Compensation for pain and suffering, emotional distress, permanent impairment, and loss of enjoyment of life caused by serious accident injuries.
• Punitive damages: In qualifying cases involving particularly wrongful conduct, punitive damages may be available to punish the responsible party and deter similar conduct.

The damages available depend on the severity of your injuries, evidence of liability, and the specific circumstances surrounding the brake failure.

Frequently Asked Questions About Oregon Truck Accidents Caused by Brake Failure