Brake issues contribute to 27% of all trucking accidents. All told, brake issues contribute to 40,000 truck accidents each year.
At 40,000 accidents annually, brake failure leads to thousands of very serious injuries and deaths each year. These cases can be particularly challenging since many truck companies and their insurers will do everything possible to avoid responsibility.
Investigation of Trucking Accidents Including Brake Issues is Critical
It is very important to investigate the accident and its causes thoroughly. This should begin at the time of the accident. Unfortunately, most folks involved in an accident with a truck will not be able to begin the investigation at the scene.
To the degree possible, it very important to get witnesses names and contact information. Of course, this again is often not possible under the circumstances which means you be relying on the police, emergency personnel and at some point the insurance company’s investigation (which they will not share without a fight). It is important to get the truck drivers initial statements, along with any other witnesses that can be identified at the scene.
Witness statements, including passengers, other drivers, pedestrians, police officers, emergency personnel, the truck driver and anyone else with eyewitness account of the event can be very helpful. It may come as a surprise but it is often the truck driver that gives the most helpful evidence with a statement at the scene stating that the brakes did not respond properly. Witness statements alone may be sufficient to prove the truck driver, and/or the truck brakes were responsible for the accident.
Evidence of Brake Failure
The trucking company will have a great deal of information necessary to determine the cause of the accident. This will begin with the investigation by the insurance company or third party investigator. This report is essential.
It is also important to get maintenance logs and reports to determine the maintenance of the brakes. These logs may show poor maintenance and even serious neglect.
Most modern trucks will have data recorders. It will be important to obtain the information from the recorders. The recorders provide a wealth of information including information related to application of the brakes at the time of the accident.
An Experienced Attorney is Important for Fair Compensation
The cause of truck accidents can be complex. The accident may result from a combination of factors related to the truck, the truck driver, the driving conditions, and other drivers on the road to name just a few variables. In cases involving very serious personal injuries or wrongful death with significant damages, it may be necessary to run the gauntlet on each and every possible cause if you and your family are to receive fair and full compensation for your injuries or the loss of a loved one.
These cases in particular call for the guidance of an experienced trucking accident attorney. The Albuquerque attorneys at Collins & Collins, P.C. have significant experience with trucking accidents and dealing with trucking companies and their insurance companies. We can be reached at (505) 242-5958.