My relatives were killed in an accident with a big rig truck because the city had closed a ramp. Can they be liable?

Question:  My relatives were on vacation near Los Angeles, California whenthey were killed when a big rig couldn’t stop due to brake failure.  The truck was on a downhill grade when thebrakes gave out.  According to Caltrans,they closed a runaway truck ramp that could have prevented this tragedy.  Can they be held liable as well?

Response:  According to a three-year study by the FederalMotor Carrier Safety Administration (FMCSA), brake deficiencies account fornearly 30 percent of big rig accidents.  Heavytrucks use air brakes exclusively.  Themost common failure is known as brake fade. This occurs when the drums, discs, and the linings of the brakesoverheat from excessive use.  Intermittentlyapplying the brakes is the preferred method when a truck is on a long downhilljourney.  A truck’s brakes can heat upfrom overuse, such as riding the brakes on a long downgrade, which might beviewed as driver error.  Additionally,improper loading can make the brakes heat up quicker causing them to fail.  There may be several defendants who can beheld liable for this tragedy.

Truck accidents are especially challenging because of the laws andregulations involved.  It is a commonmisconception that accidents involving large trucks are personal injurycases.  There are specific laws andregulations governing the safety of commercial vehicles.  Proving liability in a complicated case willneed to be handled by an experienced attorney who can advise you in thesematters. 

Answered by Linda Adams

Additional Resources:

• California Department of Transportation

  http://www.dot.ca.gov/