If the Truck Driver Had Bad Brakes, Can I Sue for My Injuries?
Properly Maintained Brakes Are Required.
If you are in a car or motor vehicle accident with a semi-truck that had faulty brakes due to negligent maintenance, you have a case and can sue the truck driver and the motor carrier. 49 CFR 396.1 requires every motor carrier including their drivers, employees, and agents to properly maintain brakes under the FMCSR.
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The Report to Congress over the Large Truck Crash Causation Study (LTCCS) studied 967 large truck crashes causing fatalities and established that a very high amount of the crashes and deaths or 29.4% of the total were as a result of brake failure and improperly adjusted brakes.
Part 396.3 of the FMCSR requires inspection, repair, and maintenance. Importantly, it requires the motor carrier to maintain records for proof of maintenance and repair including the date repaired, the reason they were repaired, and the records must be maintained for one year and for six months after the motor vehicle is out of their control.
This allows truck accident lawyers to issue subpoenas and requests to the motor carrier so that a claim can be proven that the maintenance and repair was negligently done. A tremendous number of large truck fatalities occur as a result of poorly maintained brakes.
Part 396.25 of the FMCSR requires that all motor carriers must use brake inspectors that can:
- Understand and perform brake services and inspections correctly.
- Understands the methods, procedures and tools or equipment that is necessary to do proper brake repair.
- Is qualified to perform brake services from firsthand training and experience.
Have a question about brakes? You can call Brad’s cell phone at (316) 706-5020 for immediate support.
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