How Do Truck Drivers File Injury Claims For Accidents Caused By Defective Brakes?
When a truck driver is injured in a crash caused by brake failure, the physical, financial, and legal consequences can be overwhelming. We understand how devastating these accidents are, especially when they could have been prevented with proper maintenance or safe equipment. Truck drivers put their safety on the line every day, and when defective brakes cause an accident, they deserve full and fair compensation. In Michigan, the process of filing an injury claim after this type of accident involves a detailed investigation, legal documentation, and holding the responsible parties accountable under the law.
Michigan law protects injured workers and provides clear paths for pursuing compensation after a truck accident. However, unlike other types of crashes, defective brake claims may involve employers, third-party maintenance crews, manufacturers, and even the companies that supplied faulty parts. That’s why having a legal team that understands both the trucking industry and Michigan’s complex injury laws can make all the difference.
Determining Who Is Liable For The Brake Failure
When truck brakes fail, identifying the cause is the first step. In many cases, we see poor maintenance, worn-out brake components, or defective manufacturing at the root of the problem. Under Michigan Compiled Laws (MCL) 600.2945–600.2949, manufacturers and suppliers can be held liable for injuries caused by product defects. These laws allow injured drivers to bring product liability claims when a part fails and leads to harm.
If the brakes fail because of improper maintenance, a third-party repair company or your employer may share responsibility. If your employer owns the truck and fails to conduct proper inspections or ignores signs of brake wear, they may be responsible under Michigan negligence laws. In other cases, a leasing company or independent mechanic may be the one who made a critical mistake.
Workers’ Compensation And Third-Party Claims
Michigan requires employers to carry workers’ compensation insurance for their employees. If you’re a truck driver employed by a company and are injured in a brake failure crash while performing your job duties, you are generally entitled to benefits under the Michigan Workers’ Disability Compensation Act (MCL 418.101 et seq.). These benefits cover medical treatment, wage loss, and disability benefits.
However, workers’ compensation does not cover pain and suffering or full lost wages. That’s why we look for additional claims against third parties, such as brake manufacturers or service providers, who may be responsible for the failure. When a third party is at fault, we can file a separate personal injury lawsuit in addition to your workers’ compensation claim.
What Evidence We Gather In Brake Defect Claims
To build a strong injury claim, we collect detailed evidence from the crash. This often includes:
- Maintenance logs and inspection records
- Black box data from the truck
- Accident scene photos and police reports
- The brake components themselves for mechanical evaluation
- Testimony from mechanics, engineers, or accident reconstruction experts
We use this evidence to prove the cause of the brake failure and show how it directly led to your injuries. We also calculate the full extent of your losses, including long-term effects on your ability to work, future medical care, and emotional trauma.
Time Limits To File A Claim In Michigan
Michigan law limits the time you have to file a personal injury lawsuit. Under MCL 600.5805(2), you generally have three years from the date of the accident to file a third-party claim. Workers’ compensation claims must be reported to your employer within 90 days, and you must file your claim within two years under MCL 418.381.
It’s important to act quickly so we can secure the necessary evidence, document your injuries, and begin the legal process. Waiting too long can make your case harder to prove and could bar you from compensation entirely.
FAQs About Truck Brake Failure Injury Claims In Michigan
Can I Sue If I’m A Truck Driver Injured By Brake Failure?
Yes. If the brake failure was caused by defective parts or third-party negligence, you can sue the responsible party. You may also be entitled to workers’ compensation benefits if you were injured on the job. These are separate claims and can often be pursued together.
How Do I Know If The Brakes Were Defective Or Just Worn Out?
We work with mechanical experts who inspect the vehicle and the brake system. If there’s a design flaw, manufacturing defect, or improper installation, we can prove it with a detailed analysis. Maintenance records also help us identify whether the parts were neglected or faulty.
Can I File A Claim Even If I’m An Independent Contractor?
Yes. If you’re an independent contractor, you may not be eligible for workers’ compensation, but you can still file a personal injury lawsuit if a manufacturer, repair company, or other party is responsible. We’ll evaluate your work status and all possible legal options.
What Compensation Can I Recover After A Brake Failure Accident?
You may recover compensation for medical bills, lost income, future medical expenses, loss of earning capacity, pain and suffering, and emotional distress. If a third party was grossly negligent, punitive damages may also apply.
What Should I Do Immediately After The Accident?
Get medical attention, report the accident to your employer, and preserve as much evidence as possible. Take photos of the scene, request a copy of the police report, and do not repair or alter the truck until it’s been examined. Then call our office so we can begin investigating.
How Long Will My Claim Take?
It depends on the complexity of your case. Workers’ compensation benefits may begin quickly, but third-party claims often require more time. We’ll work efficiently to secure the best result without unnecessary delays.
Is There A Cost To Speak With Your Attorneys?
No. We offer free consultations and only get paid if we recover money for you. You have nothing to lose by calling us to discuss your case.
Why Should I Hire Ravid & Associates, P.C.?
We have decades of experience representing injured truck drivers across Michigan. We understand how to build strong cases involving defective parts and third-party negligence. Our goal is to get you the compensation you need while you focus on healing.
Call Ravid & Associates, P.C. If You Were Injured In A Brake Failure Truck Accident
At Ravid & Associates, P.C., we fight for truck drivers who are hurt because of dangerous mechanical failures and negligent companies. If your accident involved defective brakes, we’re here to help you understand your rights and pursue the compensation you need to recover.
Call our Detroit truck accident attorneys at Ravid & Associates, P.C. today at (248) 948-9696 to receive your free consultation. We represent clients across Michigan.
