A coal truck that loses its brakes on Corridor G can cause a serious crash. U.S. 119 runs through Kanawha County to Charleston, where coal trucks share the road with other drivers. If you were injured in a wreck, you may wonder how the brake problem happened and who was responsible for keeping the truck safe.
The driver may not be the only person at fault. The trucking company, a repair shop or another business could share responsibility if poor maintenance, faulty repairs or loading problems contributed to the crash.
When the trucking company may be responsible
Federal rules require motor carriers to inspect, repair and maintain the commercial vehicles under their control. Carriers also have to keep brakes and other safety parts in proper working condition.
Maintenance records may help show how the company handled those duties before your crash. You might find missed inspections, delayed repairs or records of an earlier brake problem. A carrier could bear part of the responsibility when poor maintenance contributes to a loss of braking power.
When other businesses may share responsibility
Other businesses sometimes work on a coal truck before it returns to the road. An outside shop, for example, may inspect or repair the brakes. Faulty work that contributes to a later brake failure might place some responsibility on that shop.
The way a business loads the truck can also matter. More weight puts greater demand on the brakes, especially on a downgrade. Federal safety guidance warns that excess heat can reduce braking power on long or steep grades. A business that overloads the truck or distributes the coal poorly could bear some responsibility if its work contributes to the crash.
Keeping useful records after the crash
You may want to keep the crash report, photos and any records that identify the truck and trucking company. It may also help to save details about businesses that inspected, repaired or loaded the truck. Keeping these records together could help you understand what led to the crash and get ready for the legal steps that follow.