About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations so give us a call at 1-800-752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call promptly. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY, FL and DC. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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Two men were killed in an accident involving a tractor trailer at the intersection of Ky. 1499 and U.S. 460. The accident investigation allegedly revealed the truck driver was knowingly operating the vehicle with bad brakes. As a result, the at-fault driver was charged with reckless homicide, according to the news-expressky.com.

The tractor trailer had 10 brakes, but only three were fully operational at the time of the wreck.

Trooper Shannon Jones received information that the tractor trailer driver used his CB radio to contact some local truck drivers minutes before the wreck, which proved the at-fault driver knew there was a problem with his truck.

“[The truck driver] was asking if there was any bad hills,” Jones said. “He told [the truck drivers] that his brakes were bad, that his brakes were no good.” This information is supported by other findings by accident investigators.

Hearing about these types of accidents is extremely frustrating because this tragedy could have been prevented. Two men are now dead because a truck driver wasn’t responsible enough to simply get his brakes fixed.

Our firm wrote about the high number of trucks, big rigs, 18-wheelers, tractor trailers, etc. on the road with defective or worn out brakes. In fact, the American Association of Justice discovered bad brakes were the most common safety violation on many commercial trucks.

The investigation of the fatal truck accident will continue and there may be even more revelations about this incident and the condition of the tractor trailer. The reckless homicide charge brought against the at-fault driver is a class D felony, punishable by a maximum sentence of five years in prison.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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Poorly adjusted brakes are one of the leading causes for major commercial truck wrecks in the United States. Our firm recently blogged about a trucker getting seriously injured after their brakes failed on U.S. Highway 52.Unfortunately, the trucking industry doesn’t appear to take this safety issue seriously since defective brakes were the most common safety violation for trucks, according to a study conducted by the American Association of Justice.

Even more astounding is the fact that federal law explicitly states the standards for commercial truck brake systems….

Subpart C—Brakes

§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.

Even commercial trucks with a brake system complying with the Subpart C statute must also comply with the brake performance language of the law…

Subpart C—Brakes

§393.52 Brake performance.

(a) Upon application of its service brakes, a motor vehicle or combination of motor

vehicles must under any condition of loading in which it is found on a public

highway, be capable of—

(a)(1) Developing a braking force at least equal to the percentage of its gross weight

specified in the table in paragraph (d) of this section;

(a)(2) Decelerating to a stop from 20 miles per hour at not less than the rate

specified in the table in paragraph (d) of this section; and

(a)(3) Stopping from 20 miles per hour in a distance, measured from the point at

which movement of the service brake pedal or control begins, that is not greater

than the distance specified in the table in paragraph (d) of this section; or, for motor

vehicles or motor vehicle combinations that have a GVWR or GVW greater than

4,536 kilograms (10,000 pounds),

(a)(4) Developing only the braking force specified in paragraph (a)(1) of this

section and the stopping distance specified in paragraph (a)(3) of this section, if

braking force is measured by a performance-based brake tester which meets the

requirements of functional specifications for performance-based brake testers for

commercial motor vehicles, where braking force is the sum of the braking force at

each wheel of the vehicle or vehicle combination as a percentage of gross vehicle or combination weight.

This statute is important since there’s a big difference between stopping and braking for a large commercial truck. Many people think these are interchangeable terms, but for a commercial truck, the time after applying the brakes and the stopping distance in between vehicles are crucial.  If a wrongful death occurs due to a truck crashing into the rear of a car or SUV these distances, and how to maintain a proper following distance, are significant factors.

If a trucker fails to apply the brakes from a suitable distance, the trucker and/or the truck company may be found liable for the accident. This is why having a quality brake system is so important. Faulty brakes can cause a serious accident, even if the trucker was alert and applied the brakes–because they must function properly as well.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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Shapiro, Cooper, Lewis, & Appleton

A report by the American Association for Justice revealed that more than 28,000 motor carrier companies and more than 211,000 trucks violated federal safety regulations and were still operating on our roads.

A majority of these trucks received a “conditional” grade which means they are operating with one or more safety violations. Many truck companies are based in Texas, but there are plenty in Virginia (VA) and the companies based in the Commonwealth also violate federal safety standards.

The most common violation was defective brakes. Obviously, having functional brakes is essential for safety, but trucking companies simply ignore this requirement and send their employees out on the road with malfunctioning brake systems.

Other violations include:

• Balding tires, retreaded tires
• Truck loads exceeding weight limits
• Inexperienced and untrained drivers
• Drivers working excessive hours
• Drivers with drug or alcohol dependencies
• Falsified trucking logs and other records

In 2007, more than 86,000 people in the United States were seriously hurt after being involved in a trucking accident and over 4800 people died as a result. These statistics are unacceptable and something needs to be done. All of the violations listed above can be corrected with simple responsibility and ethical business practices. It’s shocking that truck companies remain in business even after it’s been discovered they falsify trucking logs and send their employees out untrained or poorly trained to handle such dangerous equipment.

As an injury lawyer who works for a firm that regularly represents people whose lives were changed forever after bring involved in a truck accident, I’ve seen firsthand the devastation these vehicles can inflict. There needs to be a full-scale investigation into the trucking industry and harsh punishments need to be levied in order to send a clear message that safety comes first, not last.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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