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Posted in: Safety

What To Do When a Brake Failure Causes a Truck Accident

Nov 8, 2016

Any accident is terrifying and confusing, but truck accidents are even more so, due to the sheer scale and potential damage that trucks can cause. There are many factors that can play into an accident like this, but trucks are susceptible to brake failure which can cause tragic and disastrous consequences when an accident results. Learn what happens when brake failure causes a truck accident, and how a San Jose truck accident attorney can help you get compensated for injuries.


One of the biggest problems you face when dealing with any truck accident is the blame-game. There are a number of parties who could hold responsibility for all or part of the accident, and determining who will pay for damages can be confusing. Whereas when two cars collide, one driver or the other (or both) usually is responsible, with a truck accident, it can be:

  • The driver

  • The trucking company

  • The loading company

  • The truck’s owner-operator or mechanic responsible for maintenance

  • The brake manufacturer

Even worse, many of these parties may try to shift blame onto one another.


The first thing to review is the cause of brake failure. There are a number of things that can contribute to this sort of incident, and knowing the root cause will often help to assign liability.

Did the brakes meet federal regulations regarding braking force, deceleration and automatic adjustments? Was there a recall on the brakes if they were defective? Did the driver deliberately power down the brakes? Did the trucking company or owner of the vehicle fail to maintain the brakes properly to ensure they continue to meet federal standards? Finally, was the truck properly loaded to ensure a solid balance of weight?

All of these questions come into play, and it can be very difficult to successfully seek compensation if you don’t have someone in your corner who has the ability to conduct the right investigation into the underlying cause of the brake failure.


If you are involved in an accident of this type, you need help getting through the tangled web of blame and to the root cause of the accident. Only with experienced legal help can you stop the infighting and shifting of blame, and get to the bottom of things. First, remember never to sign anything without talking to an attorney. You’re going to have a lot of parties coming at you trying to get you to sign away your rights. The wrong signature and you could forfeit your right to compensation.

Call an experienced San Jose truck accident attorney at Dunnion Law. We can help you receive the monetary award you deserve. If you have been in an accident with a truck, even if it was due to a mechanical failure, seek help today. Read more about California truck accidents and call us for an evaluation of your case today.


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