Los Angeles Fleet Vehicle Brake Failure Accident Lawyer

In cases where a vehicle cannot stop due to brake malfunction, liability often extends beyond the driver of the vehicle. Fleet vehicles are owned, scheduled, and maintained by corporations, which means that the issue may lie with the corporation, the employer of the driver, third-party mechanics, the mechanic assigned, the manufacturers of the parts used in the vehicle, or the driver himself. A Los Angeles Car Accident Attorney will be able to examine the accident to find out if it was caused by the driver’s negligence, brake failure, inadequate maintenance, or a defect in the braking system.

At the Law Offices of Adrianos Facchetti, we assist injured individuals who have been involved in these types of accidents with preserving crucial evidence, such as the brakes and maintenance records of the fleet vehicles in question. Our practice, as a Los Angeles Fleet Vehicle Brake Failure Accident Lawyer, is concentrated on uncovering the reason behind brake failure.

Why Fleet Brake Failure Crashes Are Different

In a normal crash case, the most important factor is typically what each driver did. In a fleet brake failure crash, however, the most relevant issue is more likely to be what occurred prior to the trip.

• The employer owns the vehicle: The fleet operator controls the maintenance schedule, funding, and return to service after repairs.
• Maintenance can be outsourced: Many fleets hire outside service centers and contractors for repairs.
• The driver doesn’t own the vehicle: The driver may notify management about a malfunction that remains unattended.
• Documentation is kept by the company: Work orders, inspection logs, and records are maintained by the fleet operator, not you.
• More insurance may be implicated: There may be multiple policies, including commercial auto, business, and contractor liability.

Fleet brake failure crashes are those involving delivery vans, utility and service vehicles, company sales vehicles, rental and rideshare fleet vehicles, and commercial trucks traveling through Los Angeles traffic.

How Do Fleet Vehicle Brakes Fail?

Brake failures generally occur due to some reason. Some of the common causes include:

• Worn Out Brake Pads or Rotors: Brake pads deteriorate with usage, and since fleet vehicles are used for hours throughout the day, they deteriorate quickly.
• Leaky Brake Lines or Connections: Leakage in any part of the brake line results in a soft pedal and failure of the brake system to function.
• ABS System Problems: Defective anti-lock braking modules or sensors affect the performance of the brakes, especially while applying force to them.
• Overheating Brakes: Overheating occurs because of heavy loads, inclines, or hilly terrain and stop-and-go routes.
• Unpaid Attention to Warning Light Indicators: A blinking indicator of the brake or anti-lock braking systems for days suggests an existing problem.
• Poor Repairs: Improper repairs or parts installation causes failures right after servicing.
• Overloading the Vehicle: Driving a vehicle overloaded with cargo places more stress on its components, including the brakes.
• Manufacturing Defects: A defective brake part installed on a car might fail even if it was properly maintained.

If leakage in the line was the reason for the problem, our discussion about brake fluid leaks in car accidents provides additional information on this topic. The non-fleet cases are discussed in our article on brake failure accidents.

Who Can Be Held Liable for a Fleet Vehicle Brake Failure Car Accident

Depending on the details of the case, one or more of the following can be held liable for a fleet vehicle brake failure car accident:

• Company Owning the Fleet Vehicle: The company owning the vehicle could be found liable for negligence if inspections, repairs, or maintenance on the vehicle were not done timely.
• Employer of the Driver: In accordance with the laws of California, employers are usually liable for the negligence of their employees if the latter are at work.
• Maintenance Firm of Third Party: A third-party fleet maintenance company can be liable for the negligent performance of the duties of inspection or repair.
• Brakes Mechanic or Service Contractor: The mechanics who performed maintenance on the brakes can be liable for improper installation or failure to inspect properly.
• Manufacturer of Parts: The manufacturer of the defective brake parts can be held liable for the injuries.
• Driver of the Vehicle: If there is negligence by the driver due to ignoring warning signs, driving too fast, failing to report problems, and overloading the vehicle, the driver can also be liable for any accident.
• Shared Fault: In California, there is a comparative fault system, and thus fault may be split between two or more parties.

In case a fleet vehicle was a large truck, a Los Angeles Truck Accident Lawyer would investigate driver logs, carrier information, and federal inspection laws. If the fleet vehicle was a ride-sharing fleet car, a Los Angeles rideshare accident lawyer would investigate the app status and coverage.

Fleet Maintenance Duties and Inspection Rules

Most businesses that operate motor vehicles have a responsibility to ensure that they are in reasonably safe condition. This typically involves inspecting brakes, repairing problems that are brought to their attention, and removing dangerous motor vehicles from service.

Large commercial vehicles might have more stringent requirements to follow. Federal regulations at 49 CFR Part 396 require certain motor carriers to perform inspections, maintenance, and repairs, and in general, require drivers to prepare inspection reports of defects. There are also state regulations concerning inspection of some large commercial motor vehicles.

The applicable laws will depend on what kind of vehicle is used, how it is operated, and by whom. An ordinary sedan of a business will not be treated the same way as a large truck.

Evidence to Preserve After a Fleet Brake Failure Crash

Fleet companies may repair the vehicle, replace parts, or return it to service quickly. Once that happens, proof of what failed can be lost. A spoliation or preservation letter can ask the company to keep the vehicle and its records intact.

Important evidence may include:

• Brake Components: Pads, rotors, calipers, brake fluid lines, master cylinder, and ABS modules
• Maintenance Records: Brake inspection records, maintenance logs, and fleet maintenance schedules
• Repair History: Invoices, work orders, and parts receipts
• Driver Reports: Pre-trip and post-trip inspection reports and any complaints the driver made
• Prior Complaints: Service requests or notes showing the problem was reported before the crash
• Company Policies: Written safety and maintenance policies and whether they were followed
• Vehicle Data: Electronic control module or event data showing speed and braking before impact
• Video: Dashcam, traffic camera, and nearby surveillance footage
• Scene Evidence: Photos of skid marks, or the lack of them, which can show whether brakes engaged
• Official Reports: The police or CHP report
• Witness Statements: Accounts from people who saw the vehicle fail to stop

The absence of skid marks can matter. It may suggest the driver tried to brake and nothing happened, which points toward mechanical failure rather than late reaction.

Insurance Issues in Fleet Vehicle Crashes

In fleet accidents, there are generally multiple types of insurance involved, including commercial auto insurance, the business’s general liability insurance, and the maintenance contractor’s or manufacturer’s policies. Insurance companies will try to pass the responsibility among themselves and even the drivers.

You should expect conflicts regarding whether the brakes did indeed fail, whether that failure was the cause of the accident, and whether someone else is responsible. Statements can be recorded and settlements offered even before the vehicle has been examined, which is why it is best to know the details first.

Compensation for an Accidental Incident with Fleet Brakes Failure

Depending on the details, the claim can include:

• Immediate medical attention
• Hospitalization
• Rehabilitation
• Medical future needs, if applicable
• Wages lost
• Diminished ability to earn income
• Pain and suffering
• Repair or replacement of your vehicle
• Other property damage
• Wrongful death damages, if applicable

There are no guarantees about results. It will depend on the extent of the injuries, evidence, liability, and insurance available. If there has been a fatality in the accident, you can speak with a Los Angeles Wrongful Death Attorney.

California Deadlines for Fleet Vehicle Brake Failure Claims

The deadlines depend upon what kind of claim it is and who is responsible for it:

• Personal Injury Deadline: Most personal injury cases must be brought within two years according to Code of Civil Procedure § 335.1, except under certain conditions.
• Property Damage Deadline: Property damage claims have to be brought generally within three years according to Code of Civil Procedure § 338.
• Claim Against Government Fleet: If it involved a city, county, or any public authority, the filing of a claim needs to be done within six months.

The deadline for evidence is generally the most stringent deadline. The brake system parts can be replaced within days, and the video footage could be erased even quicker.

Free Consultation for Brake Failure in a Los Angeles Fleet Vehicle Accident

It helps when you get in touch with us if you can provide the type of fleet vehicle that was involved in your accident, such as a delivery van, company car, rideshare fleet vehicle, or work truck, or the name of the company whose name was on it. You need to inform us if the vehicle is fixed, towed, or impounded; the injuries were sustained; and a police report was made. Pictures, witnesses, and insurance letters will be helpful as well.

The Law Offices of Adrianos Facchetti offer a free case review, which is available anytime 24/7. We take on these cases on a contingency fee basis where there’s no upfront cost and no attorney fees if no recovery is made. While results cannot be guaranteed, quick action on our part will help preserve the evidence of the brakes.