Due to the sheer size of commercial trucks, they are required to meet strict regulations to prevent catastrophic accidents from leading to multi-car pile ups and severe injuries. When an accident occurs due to a commercial truck brake failure, questions arise such as who is responsible and how the financial repercussions will be covered. Both the federal and Louisiana legal systems have laws in place to hold the responsible parties accountable.
Federal Standards for Commercial Truck Brakes
The Federal Motor Carrier Safety Administration sets out laws that all commercial trucks in interstate commerce (i.e., that cross state lines) are required to follow. These laws are outlined in 49 CFR 393.40–393.55:
- Ҥ 393.40 Required brake systems.
- (a) Each commercial motor vehicle must have brakes adequate to stop and hold the vehicle or combination of motor vehicles. Each commercial motor vehicle must meet the applicable service, parking, and emergency brake system requirements provided in this section…
- § 393.42 Brakes required on all wheels.
- (a) Every commercial motor vehicle shall be equipped with brakes acting on all wheels. This requirement also applies to certain motor vehicles being towed in a driveaway-towaway operation, as follows:
- (1) Any motor vehicle towed by means of a tow-bar when another motor vehicle is full-mounted on the towed vehicle; and
- (2) Any saddlemount configuration with a fullmount.
- (a) Every commercial motor vehicle shall be equipped with brakes acting on all wheels. This requirement also applies to certain motor vehicles being towed in a driveaway-towaway operation, as follows:
- § 393.43 Breakaway and emergency braking.
- (a) Towing vehicle protection system. Every motor vehicle, if used to tow a trailer equipped with brakes, shall be equipped with a means for providing that in the case of a breakaway of the trailer, the service brakes on the towing vehicle will be capable of stopping the towing vehicle. For air braked towing units, the tractor protection valve or similar device shall operate automatically when the air pressure on the towing vehicle is between 138 kPa and 310 kPa (20 psi and 45 psi).”
The cited laws above are just a sample of the requirements that commercial trucks are required to follow. The implication of these laws in a brake failure is that a violation can be clear evidence of negligence.
If a truck is involved in an accident with a violation, the driver and the trucking company may be held liable. Examples can include lacking functional braking systems on all wheels, failing required inspections, or improper maintenance.
Vicarious Liability in Commercial Truck Brake Failure Accidents
Vicarious liability is a legal doctrine in which employers can be held responsible for accidents caused by their employees while on the clock. This is codified in Louisiana under La. Civ. Code Art. 2320:
- “Art. 2320. Acts of servants, students, or apprentices Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed. Teachers and artisans are answerable for the damage caused by their scholars or apprentices, while under their superintendence. In the above cases, responsibility only attaches, when the masters or employers, teachers and artisans, might have prevented the act which caused the damage, and have not done it. The master is answerable for the offenses and quasi-offenses committed by his servants, according to the rules which are explained under the title: Of quasi-contracts, and of offenses and quasi-offenses.”
What this means is that if an accident occurs while the truck driver is within the scope of employment, the trucking company can be held liable if the accident occurred due to the driver’s negligence.
For example, if the truck driver failed to get the truck properly inspected and the brake failure is determined to be a cause of the crash, then the trucking company can be held responsible. This is important because often the trucking company will have business insurance policies or larger amounts of funds set aside to settle claims and avoid lengthy litigation.
Potential Recoverable Damages After a Truck Brake Failure
What Can Be Recovered in Commercial Truck Brake Failure Claims?
Damages are the legal term that refers to the compensation that can be provided to victims in a Louisiana commercial truck brake failure accident. Damages typically fall into two categories: economic and non-economic damages.
Economic damages are more readily quantifiable. Some examples include:
- Medical Expenses: Emergency care, surgeries, hospital stays, etc
- Lost Wages: Income lost during recovery from injuries
- Future Earnings: Long-term disabilities that may affect the victim’s ability to work
- Property Damages: Vehicle repair or replacement costs
Non-economic damages are less obvious and require strong evidence to substantiate claims that may be less empirically measurable. These include:
- Pain and Suffering: Compensation for the physical pain of catastrophic injuries
- Emotional Distress: Psychological impact such as anxiety, nightmares, or PTSD
- Loss of Enjoyment of Life: Victim’s inability to enjoy everyday activities or hobbies
Contact Chris Corzo Injury Attorneys
If you’ve been injured in a commercial truck accident caused by brake failure, you may be entitled to compensation, and you don’t have to navigate the legal process alone. At Chris Corzo Injury Attorneys, our Baton Rouge truck accident attorneys are dedicated to holding negligent trucking companies accountable and helping victims recover the damages they deserve.
Our team is experienced in handling complex truck accident cases and understands both federal regulations and Louisiana law. We’re here to answer your questions and provide the strong legal representation you need. Call us today at (225) 999-1111 or fill out our online contact form to schedule a free consultation.