Brake failure truck accidents in McAllen may cause severe harm because a fully loaded commercial vehicle cannot stop as quickly as a passenger car. When the braking system does not respond, the truck may strike stopped traffic or enter an intersection at speed. The resulting injuries often require extensive treatment and can interrupt your ability to work.
One of our truck collision attorneys could examine whether the failure developed through neglected maintenance or a defective component. At KGS Law PLLC, we review the truck’s condition and identify the parties whose conduct contributed to your losses.
Why Do Heavy Trucks Need More Distance To Stop?
Brake failure semi-truck crashes in McAllen often begin with the physics behind stopping a loaded rig. A commercial truck carries far more weight than an ordinary vehicle, which increases the stopping distance, and road grade and weather further affect braking. A properly functioning system is essential when a driver approaches congested traffic or a signal light.
Brake problems can develop from worn pads or overheated brakes, and a faulty adjustment may prevent balanced pressure. An overloaded trailer stresses components not maintained for the load, and defective valves or lines create a separate failure. Truck crashes caused by brake defects therefore require inspecting both the tractor and trailer and not just the driver’s conduct.
What Federal Brake Rules May Apply?
Federal rules shape many McAllen truck accident claims caused by brake failure. Commercial motor carriers must follow the Federal Motor Carrier Safety Regulations that govern brake equipment and maintenance. 49 Code of Federal Regulations § 393 sets minimum standards for parts and accessories. 49 C.F.R § 396 requires motor carriers to inspect and maintain commercial vehicles systematically, including periodic inspections of specified safety components.
Maintenance records can show whether inspections occurred on schedule. Repair invoices may identify recurring brake complaints, and driver inspection reports can reveal whether warning signs were documented. A commercial vehicle brake failure claim depends on preserving records before routine business practices lose them.
Who Is Responsible for a Truck Crash Caused by Brake Failure?
Responsibility for a McAllen truck crash due to brake failure can extend well beyond the driver, as liability depends on who controlled the conduct that produced the unsafe conditions. For example, a trucking company may be responsible when it failed to schedule proper inspections or continued using a vehicle with known brake problems. The driver may share fault if they ignored pre-trip warning signs. A maintenance provider may be liable if repairs were performed incorrectly. A parts manufacturer may also bear responsibility if a defective component failed during ordinary use.
The state’s proportionate responsibility rules affect the amount you recover. Texas Civil Practice and Remedies Code § 33.001 bars recovery when your responsibility exceeds 50 percent. At 50 percent or less, your award is reduced by that percentage. We examine physical evidence and company records to counter efforts to shift blame in a brake-related truck collision case.
You also have limited time to file suit. Under Tex. Civ. Prac. & Rem. Code § 16.003, you generally have a two-year limitations period for personal injury claims. This means it is vital to secure evidence well before that deadline.
Contact Us About a McAllen Truck Accident Claim Due to Brake Failure
Examining brake failure truck accidents in McAllen requires a focused review of the braking system and its upkeep records. Careful evaluation of a settlement is necessary because signing a release generally ends your right to seek additional payment. This also means it is important to assess your future medical needs and lost earning capacity before resolving the claim.
Contact KGS Law PLLC to discuss the collision and the available evidence. We could investigate the truck’s maintenance history and determine which parties belong in your claim. Call our office today for a consultation.