Maryland Truck Brake Failure Accident Lawyer

A Maryland truck brake failure accident lawyer can help you get the compensation you deserve after brakes fail to work as they should after an accident. This is a more complex case than most motor vehicle accident cases. However, it is also actually the single most common factor. The Federal Motor Carrier Safety Administration (“FMCSA“) performed a study that tracked crash causation in truck accidents. The study looked at over 120,000 truck accidents over the span of two years. The study shows that vehicle brake problems are the most common factor in truck accidents. That is not to say they are the only factor. But of the 120,000 truck accidents, brakes were a problem in 29% of them. This is why the role of a truck brake failure attorney in Maryland is so critical.

So, how do we go about winning your case? Timing is of the essence in these matters. The sooner you reach out to a truck accident firm like Gelb & Gelb, the better your chance of recording the necessary evidence to win your case. This is because evidence such as the state of the brakes may be altered. Accordingly, once you contact our office for a brake failure accident, we will immediately upon retainer send an inspector to the truck to run a diagnostic test. While expensive, this is the only way to win a case against the manufacturer. Of course, there are times when going through this expense is unnecessary. For example, if another driver is also at fault in addition to the manufacturer, and that vehicle has ample coverage for your more minor injuries, it is likely in your best interest to avoid hiring an inspector.

This will keep your costs down and still enable you to recover what your case is worth.

Common Causes of Truck Brake Failures in Maryland

Our Maryland truck brake failure accident lawyers have handled cases with various causes of brake failures. Here, we examine the most common causes of brake failures. With this knowledge, you can better avoid liability and build your own personal injury case to recover compensation.

Poor Maintenance

A Maryland truck brake failure accident lawyer can prove poor maintenance if you contact our office right away, and we hire an investigator. If we can do this in time, we can crosscheck the truck’s brake conditions with the maintenance log. This requires at least one and probably two expert witnesses. Not only will we need to hire an expert witness to investigate the truck to determine the cause of the malfunction, in this case, the brakes. But we also need someone to understand how frequently a truck should receive maintenance. This can be the same expert. But it is an expensive evaluation requiring several hours of work. That is okay as long as the value of your case justifies the cost. Otherwise, you may pay more than your case is worth and return without compensation.

Another issue with poor maintenance claims is that it is a vaguer issue. It could include failure to replace worn-out brake pads, rotors, or hydraulic systems, which can lead to a sudden malfunction. In these cases, the testimony by the expert witness is critical to your case’s success.

Overheating Brakes

Overheating is a common problem for many technologies. Excessive use of brakes, especially on steep declines, can cause overheating and reduce stopping power. This is particularly dangerous for heavily loaded trucks. A Maryland truck brake failure accident lawyer can prove this case similarly to how we prove a case with poor maintenance as the proximate cause of the accident. We require expert investigation and testimony to prove our case by a preponderance of the evidence. It is not enough that you, as the truck driver, testify that you felt the brakes not working as well, though that can help. Otherwise, it would likely be your testimony against an expert witness for the defense side who would testify that, in their professional opinion, there is no conceivable likelihood in which the brakes overheated and caused the accident. Accordingly, meeting our burden of proof as the plaintiff would become exceedingly difficult.

Air Brake System Failure in a Maryland Truck Accident

Many commercial trucks use air brake systems that require proper air pressure. A leak or failure in the air system can cause the brakes to lock up or stop working entirely. By now, you may be noticing a trend. Expert witnesses are necessary to prove any combination of brake failures in a Maryland truck accident.

Manufacturing Defects

A manufacturing defect also requires testimony from an expert witness in addition to representation by a Maryland truck brake failure accident lawyer. We use three tests for a manufacturing defect in a brake failure case.

1. Deviation from design specifications: If the brakes have an effective design and the manufacturing process deviates from that proper design, then it is a manufacturing defect. In this instance, we can sue the manufacturer for the defect and potentially recover damages.
2. Nonconformity with external standards: Examining other trucks’ brakes establishes a standard for brakes. If we can prove that the brakes in your truck or the truck that hit you had brakes that deviate from the standard set in the industry, we have proven this test.
3. Malfunction doctrine test: This is a simpler test in concept, but arguably tougher to prove. A defect in manufacture is inferred from circumstantial evidence if the incident does not typically occur without some defect and is not solely the result of other causes. So, we then carry the burden of eliminating other logical reasons for why the brakes may have failed. For example, we would have to prove that the brakes were the reason for the failure and not the truck driver’s negligence.

How a Brake Failure Accident Lawyer Proves Negligence

• Truck Inspection & Maintenance Records: Once we take on your case, we always inspect the 18-wheeler immediately after the accident. Then, we review maintenance records and determine whether the causation element exists.
• Driver Logs & Pre-Trip Inspection Reports: Driver logs are generally something we must eliminate as a possible reason for the accident, especially when using the malfunction doctrine test. Or, if a technician or mechanic fails to complete their pre-trip inspection report and we later discover a brake failure caused the truck accident, we can hold the technician’s employer vicariously liable for your injuries.
• Black Box Data (ECM/EOBR): Many trucks have electronic control modules that store brake system performance data. Again, this is in the weeds. We generally only gain access to this information if we are in the discovery phase pre-litigation. In other words, we will have to file a lawsuit to get this information. It will not be available to us when trying to settle your case. But that is okay so long as the defendant accepts liability. If not, we will be filing suit regardless.
• Dash Cam and Surveillance Footage: Video evidence can show the truck’s behavior before the crash, including lack of braking. This is not necessarily a brake failure. Rather, it is a failure to brake. Nonetheless, this is negligence and something a Maryland truck brake failure accident lawyer will handle on your behalf.

Contact Gelb & Gelb Today

Contact the Maryland truck brake failure accident lawyers at Gelb & Gelb today for a free case consultation at (202) 331-7227.