A dump truck driver hauling a flatbed trailer loaded with concrete and other heavy debris crashed the vehicle through a guardrail and off a bridge this week, landing in a creek in Clackamas County. According to the Oregonian, the driver was conscious and breathing and transported to Oregon Health and Science University Hospital. No one else was apparently injured in the heavy truck crash. This truck driver’s recovery is certainly something to hope and pray for, and our sympathies go out to him and his family.
The alleged cause of this serious motor vehicle accident, however, does provide an opportunity to help other injured people hurt by discussing negligence relating to brakes. A defendant driver in a rear-end collision, car accident, truck accident, motorcycle accident, or pedestrian collision for example, may raise brake failure as a potential defense. A driver injured by his own vehicle’s defective brakes may also have claims, such as against mechanics or automotive products manufacturers. This post focuses on the failed brake defense and how a plaintiff’s car crash lawyer approaches it.
Strategy for dealing with the defense of brake defects
If the defense relies on unexpected brake failure, a plaintiff’s personal injury lawyer can take several different courses:
- Dispute the claim that the brakes were defective.
- Disprove the claim by showing evidence of tire skid marks at the scene or witness statements describing the sound of screeching tires.
- Investigating whether the defendant failed to warn the plaintiff of the brake defect by sounding the vehicle’s horn.
- Investigating and proving that the defendant was driving too fast and following the plaintiff’s car too closely. If the brakes failed partly, the defendant might still have been able to stop had he driven with reasonable care.
- Investigating the condition of the defendant vehicle’s steering to counter the possible argument that the wheels locked and prevented the defendant from swerving to avoid the plaintiff when the brakes failed.
- Establishing that the defendant knew that the brakes were in a defective condition, failed to have the defect corrected, and drove anyway.
If a defendant driver’s insurance company denies liability because the driver’s brakes allegedly failed, it is essential to secure the vehicle immediately for expert inspection. Once a personal injury lawyer has been engaged, he or she can take prompt steps to protect the evidence needed to rebut the brake failure defense.
Contact an Oregon attorney for your auto accident claim
The serious personal injury and property damage that a truck collision, car accident, motorcycle accident, or pedestrian impact can cause requires aggressive legal representation. The law office of Portland, Oregon injury attorney Dane Johnson provides a no-cost, no-obligation case consultation to discuss your injuries and help protect legal rights. Contact us online or call toll free (800) 714-3204.
Related Web Resources
Failed Brakes Blamed for Truck Tumbling Off Clackamas County Bridge, Oregonian, Mar. 16, 2010.
U.S. Department of Transportation, Antilock Brake Systems (ABS).
U.S. Department of Transportation, Federal Highway Administration, Read Your Road: Every Highway User’s Guide to Driving Safely.
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