To protect you against COVID-19, we're offering all services via phone, email, or video.
Types of Trucks
Ambulance & EMS Trucks
Coal Trucks
Construction Trucks
Moving Vans
Tanker Trucks
Types of Crashes
Carriage Underride
Jackknife Accidents
Rear-End Crashes
Roll-Over Crashes
T-Bone Crashes
Maintenance Related
Headlight Defects
Lack of Inspection
Steering Failure
Tow-Hitch Defects
Unsecured Loads
High Driving
Improper Reversing
Improper Passing
Fatigued Driving
Load Spillage
Oversized Loads
Poor Road Conditions
Poor Route Planning
Poorly Screened Drivers
Unrealistic Schedules
Call or text now
Brake Failure accident info
No one plans on being injured, but we're here for you if you are. Award winning injury attorneys with a success rate over 99%.
start my caseIt's free Call or Text Us
25 + Years of Experience
When you hire us, you're adding unmatched experience to your team, ensuring you get the best possible outcome.
Our firm maintains an impressive 99% win rate, even while accepting difficult cases other law firms have turned away.
We are not afraid of trial, and insurance companies know this. If it's in your best interest, we are always trial ready.
Home » Truck Accidents » Brake Failure
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:
Traumatic brain injuries (TBIs)
Internal organ injuries
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.
Let us Fight For You
Schedule your free case consultation with one of California's most experienced personal injury attorneys
start My caseIt's freeCall or Text Us
Nationally Ranked Top 10 Attorney Award Winner
PERSONAL INJURY, DONE RIGHT.
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.
Find out, it's free
No recovery, no fees!
The staff was friendly and very helpful throughout my entire case. Sienna stood out with her great customer service and help. I would recommend The May Firm to anyone looking for a personal injury attorney.
Natalie Garcia
A friendly and professional firm. Always answered questions quickly. Highly recommended to anyone who needs a personal injury lawyer. Extremely satisfied with the outcome.
Linda Hughes
Robert, Cameron and his staff are great. From day one the expectations were explained and updates were always provided. Robert put me at ease by reassuring me the case would be handled appropriately from beginning to end. I give him and his staff credit for the quick resolve to my case.
Javier Duran
We're here to help. Schedule a free consultation with one of our experienced accident lawyers today
by filling out the form below, or call us at 1.844.MAYFIRM.
The form was submitted successfully.
Our attorney will travel to your home, or hospital, at your convenience and request.
We are available to discuss your case anytime. Give us a call at (866) 619-6679.
COMPLETELY FREE CONSULTATION
Meeting and/or discussing your case with our attorney is completely free..
Santa Maria office
Chula Vista office
Santa Barbara office
San Luis Obispo office
2530 Professional Parkway, Suite A, Santa Maria, California, 93455
310 3rd Ave B24, Chula Vista, California, 91910
127 El Paseo, Santa Barbara, California, 93101
297 Santa Rosa Street, San Luis Obispo, California, 93405
1775 Fulton St #101, Fresno, California, 93721
5500 Ming Avenue, Suite 390, Bakersfield, California, 93309
853 Atlantic Avenue, Suite #201, Long Beach, California, 90813
Sitemap - Disclaimer - Privacy Policy - News
The May Firm
2530 Professional Parkway, Suite A
Santa Maria, California, 93455
310 3rd Ave B24
127 El Paseo
Santa Barbara, California, 93101
297 Santa Rosa Street
San Luis Obispo, California, 93405
1775 Fulton St #101
5500 Ming Avenue, Suite 390
Bakersfield, California, 93309
853 Atlantic Avenue, Suite #201
Long Beach, California, 90813
Our Firm Legal Team Practice Areas Case Results Locations Blog Contact Us
Car Accidents Motorcycle Accidents Trucking Accidents Dog Bites Slip & Fall Wrongfull Death CRPS Public Trans. Accidents Ride Share Accidents Burn Injuries Train Accidents Boating Accidents Spinal Cord Injuries Brain Injuries
Copyright 2021 @ The May Firm All Rights Reserved | Sitemap | Law Firm SEO by Rankings.io