Commercial trucks, especially tractor trailers (“semis”), create particular hazards on the roads in Vermont. While many trucks and drivers are well-trained and safe, mechanical failures and negligent maintenance are real problems and cause serious injuries on Vermont’s roads. And trucking accidents are not rare! According to data from Safe Streets Vermont, there were nearly 200 tractor trailer crashes in the state in 2023 alone!
Semi trailer trucks require regular maintenance and full records of that maintenance. One important safety feature – in fact, the most important part of the truck – is a well-maintained set of brakes. A fully loaded tractor trailer can weigh up to 40 tons. To bring such a large commercial truck to a safe stop, its brakes must be in excellent condition. Worn-out or otherwise bad brakes create a very serious safety risk for everyone else on the road. Failure to maintain those brakes is totally unacceptable. Truckers and truck companies must be held accountable for safety failures caused by bad brakes. Within this article, our Vermont truck accident attorneys highlight the risks posed by bad brakes.
How Bad Brakes Can Contribute to Commercial Trucking Accidents
To safely drive in Vermont, a large commercial truck should have properly manufactured, correctly installed, and well-maintained brakes. Worn out brakes can be deadly. Obviously, if a truck can’t stop quickly it is going to rear-end another vehicle, fail to stop at an intersection, or crash into other vehicles, objects or pedestrians.. Given the size of tractor trailers, these crashes can be catastrophic. Malfunctioning brakes are dangerous because they cause:
- Increased Stopping Distance: Worn brakes reduce a truck’s ability to stop promptly. In an emergency situation, a truck with bad brakes may not stop in time to prevent a collision. This condition is especially dangerous when a large truck is traveling downhill or in poor weather conditions.
- Outright Brake Failure: Complete brake failure can occur due to lack of maintenance or manufacturing defects. When brakes fail entirely, the driver loses control over the vehicle’s speed. These can be especially devastating accidents.
- Brake Fade: Brake fade happens when brakes overheat from excessive use and suffer reduced effectiveness. In mountainous areas—most of Vermont—constant braking can lead to brake fade. This requires regular maintenance and inspection to avoid.
- Uneven Braking: If brakes are not evenly maintained, one side may engage more than the other. Uneven braking can cause the truck to pull to one side suddenly when braking. It is a safety hazard because it increases the risk of a rollover accident or a truck wanding into an oncoming lane.
- Delayed Brake Response: Air brakes used in trucks can have delayed responses if there is a leak or mechanical issue. A split-second delay might be all it takes to cause an accident.
Who Can Be Held Liable for a Truck Crash Caused By Bad Brakes?
All commercial truck accidents in Vermont require a thorough investigation by an experienced attorney. A lawyer can help you gather all of the evidence that you need to prove what went wrong and to prove fault. Trucking crashes require a level of investigation that is usually much higher than accidents caused by passenger cars. Some parties that may bear legal responsibility for a truck accident caused by bad brakes include:
- Truck Drivers: Truckers are required to perform pre-trip inspections, including checking the brakes. If a driver neglects this duty or ignores warning signs of brake issues, they can be held accountable for negligence.
- Trucking Companies: Truck companies must ensure that all vehicles in their fleet are properly maintained. Companies should never cut corners to save costs.
- Maintenance Providers: Third-party companies hired to service and repair trucks have a duty to perform their work competently. If poor workmanship leads to brake failure, these providers can be held responsible for a resulting crash.
- Brake Manufacturers: Some brake-related truck accidents are caused by defects. If a defect in the design or manufacturing of the brake system leads to failure, the manufacturer can be held liable under product liability laws for any accidents caused.
How do you prove that bad brakes were a cause of a truck accident? In most cases, you will need to get access to certain records held by the trucking company. A top-rated Vermont truck accident lawyer can help you take action to prove that brake problems contributed to the collision.
Be Proactive: Truck Accident Statute of Limitations in Vermont
There is a three year statute of limitations for commercial truck accident injury claims in Vermont (Vt. Stat. Ann. Tit. 12 § 512(1)). What happens if you fail to file a trucking accident injury lawsuit in a timely manner? You could miss out on your right to take legal action at all. You do not want to fall behind a big truck company or its insurance provider in the claims process. Speak to a Vermont truck accident lawyer right away after a serious crash.
Recovering Full and Fair Financial Compensation
If you or a loved one is Hurt injured in a crash with a tractor trailer in Vermont, you may ? You have the right to seek compensation for the full value of your damages—and that includes non-economic losses. How much can you expect to recover through a truck accident claim? The answer depends on a wide range of case-driven factors. However, uUnfortunately, truck companies and their insurance fight hard to pay out less to victims and families. Our Vermont attorneys are committed to helping you seek the maximum recovery. For a bad brakes truck accident, a settlement or verdict may include compensation for:
- Vehicle repairs;
- Emergency room care;
- Hospital bills;
- Health care costs;
- Physical therapy;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Why Trust Our Vermont Semi-Truck Accident Lawyers?
Semi-truck accident claims are complicated—especially so in cases where mechanical defects, such as a truck’s bad brakes, may have been a factor. These crashes require a comprehensive, thorough investigation. At Larson & Gallivan Law, we are standing by, ready to take the wheel and steer you to justice in your truck accident injury claims. With a history of client testimonials, our Vermont truck accident lawyers have the expertise needed to hold negligent truck companies and their insurance carriers legally responsible for collisions caused by bad brakes.
Contact Our Vermont Commercial Truck Accident Attorneys Today
At Larson & Gallivan Law, our Vermont semi-truck accident lawyers have the professional experience that you can rely on. It is our mission to maximize your financial recovery after a bad crash. If you were involved in a semi-truck crash and you believe that worn out brakes were a factor, we are here to help. Contact us today for a free, no strings attached consultation. From our Rutland office, our team handles semi-truck accident injury cases throughout Vermont.
