Brake Failure accident info

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Brake Failure ACCIDENTS ATTORNEYS IN CALIFORNIA

According to the Large Truck and Bus Crash Facts (LTBCF) 2017 from the Federal Motor Carrier Safety Administration (FMCSA), brake systems were the third-most common vehicle-related factor in fatal large truck crashes in 2017. Of the 47 accidents involving brake systems, 31 were multiple-vehicle crashes while 16 were single-vehicle accidents.

FMCSA Brake Regulations 101 is designed to introduce people to the Federal Motor Carrier Safety Regulation (FMCSR) requirements for personnel involved in teaching, training, and testing the control systems and foundation brakes of air drum brakes including other types, and also reduce the occurrence of incorrect maintenance, repairs, and inspection practices due to the lack of knowledge and training of the FMCSA Brake Regulations. The manual discusses the requirement to inspect/repair/maintenance under Code of Federal Regulations (CFR) § 396 and brake component regulations under CFR § 393 as well as a National Transportation Safety Board (NTSB) warning statement on the dangers of manually adjusting self adjusting
brake adjusters.

Brake failure is often claimed by truck drivers following accidents because it implies the driver was powerless to avoid a collision. In truth, a trucking company can often be to blame for these crashes because they are usually the party that was responsible for making sure brakes were functioning properly.

California Brake Failure Truck Accident Attorney

If you sustained serious injuries or your loved one was killed in a truck accident caused by brake failure in California, get legal help as soon as you can. The May Firm can be contacted 24 hours a day, seven days a week.

We can also come visit you in your home or hospital room when it is more convenient for you. Call (844) 629-3476 or contact us online to receive a free consultation.

Types of Brake Failure Truck Accident Injuries

Trucks that cannot stop because of brake failure thus strike most vehicles at full speed. Considering the average size of a tractor-trailer is several tons, this often means that the injuries can be quite severe.

Some of the kinds of injuries a person might suffer in a truck accident caused by brake failure can include, but are not limited to:

  • Paralysis
  • Fractures
  • Spinal cord injuries
  • Sprains
  • Traumatic brain injuries (TBIs)
  • Muscle strains
  • Neck injuries
  • Internal organ injuries
  • Lacerations

It is also possible that brake failure on a commercial truck could cause an accident that leads to fatal injuries. In such cases, a family member can usually file a wrongful death lawsuit to recover damages from the negligent party or parties.

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Federal Brake Requirements

CFR § 393.40(a) establishes that every commercial motor vehicle is required to have brakes adequate to stop and hold the vehicle or combination of motor vehicles, and each one needs to meet the following applicable service, parking, and emergency brake system requirements:

  • Service Brakes – Also known as hydraulic brake systems, such systems in trucks manufactured on or after September 2, 1983, must, at a minimum, have a service brake system that meets the requirements of Federal Motor Vehicle Safety Standards (FMVSS) No. 105 in effect on the date of manufacture. Vehicles not subject to FMVSS No. 105 on the date of manufacture must have a service brake system that meets the applicable requirements of CFR §§ 393.42, 393.48, 393.49, 393.51, and 393.52.
  • Air Brake Systems – Buses, trucks and truck-tractors equipped with air brake systems and manufactured on or after March 1, 1975, as well as trailers manufactured on or after January 1, 1975, must, at a minimum, have a service brake system that meets the requirements of FMVSS No. 121 in effect on the date of manufacture. Motor vehicles which were not subject to FMVSS No. 121 on the date of manufacture must have a service brake system that meets the applicable requirements of CFR §§ 393.42, 393.48, 393.49, 393.51, and 393.52.
  • Vacuum Brake Systems – Motor vehicles equipped with vacuum brake systems must have a service brake system that meets the applicable requirements of CFR §§ 393.42, 393.48, 393.49, 393.51, and 393.52.
  • Electric Brake Systems – Motor vehicles equipped with electric brake systems must have a service brake system that meets the applicable requirements of CFR §§ 393.42, 393.48, 393.49 and 393.52.
  • Surge Brake Systems – Motor vehicles equipped with surge brake systems must have a service brake system that meets the applicable requirements of CFR §§ 393.42, 393.48, 393.49, and 393.52.
  • Parking Brakes – Each commercial motor vehicle must be equipped with a parking brake system that meets the applicable requirements of CFR § 393.41.
  • Emergency Brakes – Motor vehicles manufactured on or after September 2, 1983, and equipped with a split service brake system must, at a minimum, meet the partial failure requirements of FMVSS No. 105 in effect on the date of manufacture.
  • Air Brake Systems – Buses, trucks and truck tractors manufactured on or after March 1, 1975, as well as trailers manufactured on or after January 1, 1975, must be equipped with an emergency brake system which, at a minumum, meets the requirements of FMVSS No. 121 in effect on the date of manufacture.

Buses, trucks and truck tractors not subject to FMVSS Nos. 105 or 121 on the date of manufacture must meet the requirements of CFR § 393.40(e), and trailers not subject to FMVSS No. 121 at the time of manufacture must meet the requirements of CFR § 393.43. A bus, truck, truck tractor, or a combination of motor vehicles manufactured on or after July 1, 1973, and not covered under the above requirements must have an emergency brake system which consists of emergency features of the service brake system or an emergency system separate from the service brake system that meets the applicable requirements of CFR §§ 393.43 and 393.52.

Under CFR § 393.40(e)(2), a control by which the driver applies the emergency brake system needs to be located so that the driver can operate it from the normal seating position while restrained by any seat belts with which the vehicle is equipped. The emergency brake control can be combined with either the service brake control or the parking brake control, but all three controls cannot be combined.

If the brake systems required by CFR § 393.40(a) are interconnected in any way, they have to be designed, constructed, and maintained so that in the event of a failure of any part of the operating mechanism of one or more of the systems, the motor vehicle will have operative brakes and, for vehicles manufactured on or after July 1, 1973, be capable of meeting the requirements of CFR § 393.52(b).

Contact a Brake Failure Truck Accident Lawyer in California

Did you suffer catastrophic injuries or was your loved one killed in a truck accident caused by brake failure in California? You are right to believe that you deserve compensation for all of your newfound bills.

The May Firm has a 99 percent success rate on the cases it handles. Let us look at yours when you call (844) 629-3476 or contact us online to schedule a free consultation.

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