Indiana Brake Failure Truck Accident Lawyers

Indiana relies on trucks to facilitate the operations of local businesses and supply the public with essential goods. But as important as trucking is to the state, the sheer size of commercial trucks and semi-trailers can turn a “fender bender” into a catastrophic event. Nearly 12 percent of the vehicles in deadly Indiana crashes in 2020 were trucks,  while trucks are involved in one-ninth of all fatal collisions.

Truck accidents can occur for various reasons, though brake failure is a top factor. According to a study by the Federal Motor Carrier Safety Commission, brake problems account for 29.4 percent of truck accidents resulting in injury or death and 27 percent of all two-vehicle truck accidents – nine times the brake-related two-vehicle accident rate for passenger vehicles.

Indiana residents who have been injured in brake failure truck accidents might be eligible to receive compensation, though success is never guaranteed, which is why many choose to retain the brake failure truck accident attorneys at Hensley Legal Group, who have devoted their practice to tireless advocacy for the average Hoosier.

Please call or text us at (317) 472-3333, chat with us online, or fill out our contact form for a free case review with an accomplished Indiana brake failure truck accident lawyer today.

Common Causes of Brake Failure in Trucks

Large trucks and semi-trailers use compressed air brakes as opposed to the hydraulic fluid brakes found in most passenger vehicles. Air brake systems are considered preferable because of their superior stopping power, but they are also much more complicated, with more wheels, lines, valves, and tanks. Whenever these elements falter, disaster can strike.

Every brake failure truck accident is different, but common causes of brake failure in trucks include:

· Insufficient maintenance – With so much weight being put on truck brakes, they may experience greater wear and tear than brakes in the typical car. Consequently, federal law requires trucking companies to inspect, maintain, and repair truck brake systems on a regular basis to prevent brake failure truck accidents from taking place. Companies that try to pinch pennies by reducing the number of inspections or ignoring seemingly minor issues run the risk of brakes failing while a truck is in use.

· Brake imbalance – Pressure may not be applied equally to all of a truck’s brakes, whether because of problems with the air brake system or because of mismatched mechanical components. The resultant brake imbalance could lock up the wheels at critical moments and make the truck jackknife or skid.

· Faulty suspension – A misconfigured suspension system may put added stress on a truck’s brakes that could cause them to malfunction.

· Overheating – Brakes are susceptible to overheating during downhill driving, particularly if they are imbalanced or subjected to poor braking technique. When overheated brakes fail in this position, a runaway truck could end up on a collision course.

· Overloaded trailers – Brakes can be pressed beyond their capacity to stop when a truck’s trailer is overloaded, especially on roads with minimal traction.

· Overuse or “riding” – Truck drivers who overuse or “ride” the brakes could cause air to be drained from the compressor faster than it can be replenished, thereby hastening brake failure.

· Underuse of tractor brakes – In a misguided attempt to preserve their brakes and tires, truck drivers might disconnect the tractor brakes and count solely on the trailer brakes to slow or stop the truck, which may exert too much strain on them and make them fail.

· Defective components – While even functioning brakes can give out, brake failure can be likelier when the brakes or brake system component parts are defectively designed or improperly produced.

Regardless of why a truck’s brakes failed, our Indiana brake failure truck accident attorneys can advise you of the next steps to take if you are contemplating a case.

Who Is Liable in a Brake Failure Truck Accident?

Who is liable in a brake failure truck accident? The answer may depend upon the circumstances leading up to the accident.

As we have seen, the actions of a truck’s driver could cause a truck’s brakes to fail or contribute to their failure. If that happens, the driver might be pursued for the brake failure truck accident, along with the owner of the truck (if separate from the driver) and the company making use of the truck (if separate from the owner). Trucking companies have a duty to take care of their trucks so that harm is not inflicted and could be held accountable when it is.

In certain situations, blame could be ascribed to an outside mechanic or servicer if inadequate maintenance causes the brakes to fail or an outside loader or cargo agency if the truck is loaded beyond the capacity of the brakes. If the brakes or their components are defective, then their manufacturer, distributor, and/or retailer might be culpable. In some instances, multiple individuals or entities could share varying levels of legal liability for a single brake failure truck accident, for which they would share varying levels of financial liability.

Given how many could parties be in the wrong, it is crucial to go after every one of them within the time permitted by law, known as the Statute of Limitations. The Statute is two years for most truck accidents in Indiana, though the window could be narrower in cases against government bodies. Failure to file a lawsuit or resolve a claim before the Statute expires could bar a plaintiff from full economic recovery – something that Hensley’s diligent brake failure truck accident lawyers will not let happen.

What Our Brake Failure Truck Accident Attorneys Can Do for You

A brake failure truck accident could overwhelm you with escalating bills while hindering your ability to earn a living. Seemingly overnight, you could find yourself scrambling simply to make ends meet, much less cover the newfound costs that threaten to put you and your family on the brink of ruin.

When the worst happens, you need attorneys with the compassion to support you through your struggles and the skill to help you overcome them. You need the Indiana brake failure truck accident attorneys at Hensley Legal Group, who have been fighting for the everyday people of Indiana for more than 25 years.

If you hire Hensley, we will immediately launch a thorough investigation into your truck accident and everyone who may be responsible for it within the time allotted by law, taking pains to amass the materials to build your case, including:

· Police reports

· Tickets and dispositions

· Traffic light, dash cam, and surveillance footage

· Crash scene photos

· Black box data

· Witness statements

· Hours of Service (HOS) logs

· Truck inspection records

· Forensic analysis and accident reconstruction

If evidence of wrongdoing exists, our tenacious brake failure truck accident lawyers will do everything within their power to find it.

Get Compensated for the Totality of Your Losses

After we put together a rock-solid case against all the defendants, we will negotiate directly with their insurance companies to reach a settlement that compensates you for the totality of your losses, including:

· Medical expenses

· Lost wages

· Pain and suffering

· Mental and emotional trauma

· Diminished quality of life

· Permanent impairment

· Loss of consortium

· Punitive and wrongful death damages (if applicable)

And unlike many of our competitors, who rarely, if ever, set foot inside a courtroom, we are not afraid to take your case to trial if we do not receive an offer that reflects its true worth.

No two truck accidents are exactly the same, but we will always strive to maximize the value of yours.

You Won’t Pay Us Anything Until We Win

You may be worried about spending more money right now. Fortunately, our firm works on a contingency basis, so you won’t have to pay us anything until our Indiana brake failure truck accident attorneys win your case.

We took you on as a client because we believe in you, and we will not back down from any challenges we encounter in our quest to get you justice.

Contact an Indiana Brake Failure Truck Accident Lawyer

Hensley Legal Group has been standing up for the innocent victims of negligence since 1998. If you have been hurt through no fault of your own, contact an Indiana brake failure truck accident lawyer at our firm to explore your legal options.

Schedule a no-cost consultation with one of our dedicated brake failure truck accident attorneys by calling or texting us at (317) 472-3333, chatting with us online, or filling out our contact form.