Tragedy struck the town of Tupelo, Mississippi, on September 6, 2013, when Olidia Acosta and her daughter Vianett Castillo were killed by a runaway truck. Ms. Acosta, just twenty years old, and her daughter, a child of only two, were sitting in the vehicle waiting for a family member to emerge from Acceptance Auto Insurance. Sometime between 10:30 a.m. and 10:45 a.m., a semitrailer crashed into the vehicle. The vehicle was then thrust into the Acceptance Auto Insurance building. Reports indicate that the vehicle, a Chevy HHR, was crushed by the semitrailer. Crews had to work in excess of an hour to lift the semitrailer off of the Chevy HHR. Both Ms. Acosta and her daughter were pronounced dead at the scene of the accident.
No one was driving the semitrailer. It had been parked on Mitchell Road Extended, but somehow rolled down Mitchell Street Extended, across South Gloster Street, and into the vehicle in which Ms. Acosta and her daughter were sitting. Authorities are continuing to investigate the cause of the accident.
Given the nature of the accident, it could be that the brakes were not engaged by the driver or that the brakes failed. Of course, there may be other causes of the accident, as well, and the authorities will continue to investigate what happened, as indicated above.
Truck accidents involving failed brakes are of two main types, and both can have a variety of causes. One type of braking problem is the complete failure of the brakes. Despite the infrequency of such an occurrence, the effects are absolutely devastating. Total brake failure can result from in the air brake system of a semi-truck, which prevents proper operation of the air brakes. Complete failure of an air brake or other braking system can also be caused by leaks in any of the multitude of hoses, pumps, and other components of the braking system.
Aside from total brake failure, inadequate braking capacity can cause accidents such as the one that killed Ms. Acosta and her daughter. In incidents involving inadequate braking capacity, the brakes function but do not function properly or sufficiently. Many causes of inadequate braking capacity exist, including worn or missing brake components; worn tires; overheated brakes; improperly loaded trucks; or unequal pressure in tires.
No matter the superficial cause of brake failure, the actual cause is nearly always improper care in maintaining or loading a truck. Accidents involving failed or inadequate braking capacity can be complicated to litigate. Generally, experts are required to reconstruct the crash scene, to analyze the vehicles in question, and to analyze the maintenance history of the vehicle that caused the accident. Additional experts may also be necessary to provide testimony about the nature of the victim’s injuries, his or her potential for recovery, and the economic damages the victim has faced and will fact as a result of the accident.
Determining who may be at fault for the accident can also be more difficult than it may seem. For example, was it the driver, the company for which the driver was working or contracting, the maintenance worker servicing the truck, or the company that loaded the truck improperly? In order to ensure complete recovery of all damages to which an injured individual is entitled, all avenues of liability must be explored.
These complexities necessitate retaining a law firm experienced in representing individuals injured as a result of trucking accidents. Barrett Law, PLLC is that law firm. Our firm has been representing the rights of individuals injured in trucking accidents for decades, and will continue to do so for decades into the future. If you or someone you love has been injured as a resulting of a trucking accident, please contact our firm today at reached at (800) 707-9577 to schedule an initial, no-cost consultation.