Truck drivers typically travel hundreds of miles each day in trucks that weigh several tons, and they are often driving on highways at a high rate of speed. Therefore, it is essential for commercial trucks to have brakes that work well. If a truck lacks sufficient braking ability, and a truck driver is unable to stop in time, it can result in a catastrophic accident. If you were injured in an accident caused by a commercial truck’s brake failure, you may be able to recover compensation. Joseph I. Lipsky is a seasoned Fort Lauderdale truck accident lawyer who can advise you on your potential claims.Duties Imposed on Truck Drivers and Trucking Companies
Under the Federal Motor Carrier Safety Administration regulations, truck drivers and trucking companies are required to conduct periodic inspections to ensure that the brakes are in proper working condition and to identify any mechanical issues that could lead to an accident. Specifically, truck drivers are required to make pre-trip and post-trip inspections, and to complete a written report of their post-trip inspections each day.
Commercial trucks are also required to be inspected each year by a qualified brake inspector. Additionally, there are strict stopping distance standards imposed on commercial trucks by the National Highway Traffic Safety Administration. In other words, a commercial truck is required to have a braking ability sufficient to allow it to stop within a certain amount of time.Establishing Liability for Accidents Caused by Inadequate Braking Ability
If a commercial truck is unable to stop in time, this is frequently caused by a problem with the brakes. For example, the brakes could lack sufficient air pressure, or they may be out of adjustment or worn out. If a trucking accident is caused by inadequate braking ability, there are numerous parties that could potentially be liable for any harm caused by the accident. To prove liability for a trucking accident, the person harmed by the accident will generally need to prove negligence. In other words, the injured person must show that another party had a duty of reasonable care, which was breached, and that the breach caused the accident and the ensuing harm.
In cases involving an accident caused by a truck’s insufficient braking ability, evidence regarding any inspections conducted on the truck, or a lack of inspections, can help establish liability. For example, if the driver failed to conduct the proper inspections or report any defects noted during the inspections, this may support an argument that the driver should be held liable. Similarly, if the driver was employed by a trucking company, and the company failed to conduct yearly inspections or knew or should have known that the driver failed to conduct the required inspections, the trucking company may be liable as well.
In some cases, a commercial truck’s brakes may fail unexpectedly, regardless of whether the required inspections and maintenance were performed. In these instances, the brakes may be defective, and the injured person may be able to pursue a product liability claim against the brake manufacturer. If you or a loved one suffered injuries in a trucking accident, a knowledgeable personal injury attorney can assess the facts of your case and advise you regarding which people and entities may be responsible for your damages.Meet With a Skillful Fort Lauderdale Attorney Following a Truck Crash
When commercial truck drivers are unable to stop in time, it often causes devastating harm. If you were injured in a trucking accident in South Florida, it is prudent to meet with a skillful personal injury attorney regarding seeking recourse for your harm. Joseph I. Lipsky will fight vigorously to help you seek the full extent of compensation that you may be owed. Mr. Lipsky assists people in lawsuits arising out of trucking accidents in Orange, Miami-Dade, Broward, Monroe, and Palm Beach Counties, including in Orlando, Miami, Fort Lauderdale, Key West, and West Palm Beach. We have four offices, which are located in Plantation, Miami, West Palm Beach, and Delray Beach. You can reach us at 1-888-352-5298 or through our online form to schedule a confidential and free consultation.