Everyone knows that 18-wheeler accidents are dangerous and occur on Texas highways too frequently. We also know that accidents involving 18-wheelers also often result in personal injury lawsuits, usually brought by another driver who is suing the truck driver and trucking company for improper maintenance or operation.

However, today we report that a truck driver is suing the owner of the trucking company that he was driving for, arguing that the failure of the truck's brakes caused the rollover accident in which he was injured.

The accident occurred on May 20, 2010 as the driver was operating a 2001 Mac Truck owned by Weatherford International Inc. According to the driver, as he attempted to stop at an intersection, the brakes failed, sending the truck through the intersection and overturning into an embankment on the side of the road.

The driver brought suit against the trucking company on June 15 in the Eastern District of Texas, Marshall Division and is seeking damages for physical pain and mental anguish, medical expenses, physical impairment, lost earnings, loss of earning capacity, punitive damages, interest and court costs.

The driver alleged in the complaint that "[a]lthough [he] was operating his vehicle in a safe and prudent manner, he was unable to avoid the accident due to the brake failure on the truck and trailer." The complaint argues that the trucking company should have had knowledge that the brake system on the truck was not working properly and that the company therefore put the driver at an unreasonable risk of danger.

Like in any line of work, employers have the duty to provide a reasonably safe working environment for their employees. When this duty is not met, employers can be punished by federal workplace safety agencies such as OSHA and could face personal injury lawsuits brought by employees such as here.

Source: The Southeast Texas Record, "Truck driver blames rollover wreck on failed brakes, sues truck owner," Michelle Keahey, 6/25/2011.