• POSTED: December 1, 2019
  • POSTED BY: TheChoyceLawFirm

truck accident attorney in Sacramento

truck accident attorney in Sacramento

Brake malfunction is the biggest cause of truck accidents

Trucks are extremely large and heavy vehicles that require much more force and time to stop than a normal four-door sedan. Their size also makes the force of impact and potential to cause damage much higher, making collisions very dangerous. When accidents involving trucks occur, the property damage and injuries sustained could be life-altering. If you have been injured from a big rig, speak with a semi truck accident attorney in Sacramento immediately.

Due to the extreme size and weight of trucks, there are specific regulations in how they are to be operated. Truck drivers must use more caution and care than the average driver.

Who is responsible?

While most truck accidents are due to brake failure, most brake failures are avoidable and due to negligent behavior and a failure to do mandatory checks and repair. In the case of a faulty brake causing an accident, there are a number of individuals and groups that may be deemed responsible. This includes:

  • The truck driver
  • The trucking company
  • The loading company
  • The owner of the truck
  • The mechanic who works on the truck
  • The brake manufacturer

Determining who is responsible in the case of a truck collision due to brake failure is extremely important when seeking compensation. It can be very difficult to suss out exactly who failed in their duty and to produce a convincing case against that individual or group. A skilled semi truck accident attorney in Sacramento could help you seek out the compensation you deserve.

What causes a brake malfunction?

There are many individuals who have a hand in the braking system of trucks. The company that makes and sells the brakes must make a product that will perform as intended. The trucking company must do regular checks to be sure the brakes are in good standing and replace them when they are worn. And truck drivers must check the brakes while on their route, report accurate mileage and any need for repair. Some reasons why brakes fail include:

  • Worn down brake pads
  • Broken mechanical aspect such as brake fluid lines
  • Worn tread on tires make it hard for them to grip the road or may cause them to pop under high pressure such as during intense braking
  • Poorly designed or manufactured brakes or brake systems
  • Improperly installed brake systems
  • Overloaded truck
  • Extreme speeds that increase the force and distance needed to brake

None of these are excuses to why an accident occurred because of a brake problem. Speaking with a semi truck accident attorney in Sacramento knows just what to do to prove these parties liable.

Motivation for Trucker Negligence

Trucking companies push their truckers to deliver as much goods as quickly as possible. This pressure can drive a trucker to act against regulations and endanger themselves and others on the road. When brakes are in good condition but a trucker isn’t able to stop, it is most likely that the truck driver had overloaded his or her truck or was driving too fast. Sometimes it is both.

Truck drivers may also try to save time by neglecting to do the mandatory brake checks or by not getting them fixed when they know they are weak or in disrepair. Some drivers go so far as to disengage the front brakes and rely only on the rear brakes and a downshifting technique to bring the truck to a stop. This can save on gas costs and brake wear, but it is extremely dangerous and against the law. Truckers who intentionally neglect to keep all their brakes in working order could be held liable for damage or injury in the case of a collision.

The company for which the truck driver works is also responsible for the conduct of their employees. Often, truck drivers will be contract workers not directly employed by the company whose goods he or she is hauling. In either case, the company that employs the driver is responsible for the trainer and actions of their employees. The company that owns and maintains the trucks is responsible for maintaining the vehicle in good working order. Speak to a semi truck accident attorney in Sacramento if any of these were a fault of a truck driving hitting you.

Trucking Regulations

If a plaintiff is able to prove that an individual or organization is guilty of failing to follow one or more state guidelines, that failure to follow this guideline contributed to the accident, and that the plaintiff was meant to be protected from this guideline, the defendant is likely to be considered negligent. Below is a list of some Vehicle Code rules for trucks:

  • Vehicles over 14,000 pounds must be equipped with power brakes – vehicles over 14,000 pounds but under 18,000 pounds may use two-stage hydraulic actuators of adequate power, instead.
  • Trailers and semi-trailers must have brakes that automatically engage upon a breakaway from the towing vehicle.
  • Commercial trucks must maintain a distance of at least 300 feet from the car in front of them – exceptions include business and residential districts as well as highways with two or more lanes of traffic in both directions
  • Trucks may not have three or more axles

Commercial truck drivers are subject to suspension for a variety of law and regulation violations. If a suspended driver is involved in a collision, they and their company could be held liable for damages.

Injured in an Accident? Contact Truck Accident Attorney in Sacramento for Help.

If you have been injured in a truck, motorcycle, plane or car accident, or charged with a DUI or other criminal or traffic offense, call the lawyers at The Choyce Law Firm right now! Our experienced Sacramento accident attorney is available to give you the answers you need to know immediately and can fight for justice and compensation with integrity and relentless enthusiasm.
It’s important to understand that there are many legal deadlines if you are injured or charged with a DUI. We are a local law firm with offices in Fairfield, CA & Sacramento, CA. We limit our practice to four areas of expertise: criminal defense, DUI defense, traffic ticket defense and personal injury. Don’t hesitate, to call our office at (707) 422-1202 or (916) 306-0636 for your free consultation!