Trucks Need to Watch Out for “Brake”down
By Richard N. Shapiro, Attorney
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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January 16, 2010
Tags: accident, attorney, brakes, crash, defective, injury, Shapiro, statute, truck, trucker, wreck, wrongful death Posted in: Virginia (VA) Trucking Injury/Accidents Topics
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