Braking Ability

Legal Representation for Truck Crash Victims in Miami

Trucks are powerful vehicles that, even when all their parts are working properly, can cause serious damage in an accident. If a big rig’s brakes fail or are faulty, the harm can be especially severe or even deadly. The truck crash attorneys at the Law Offices of Robert Dixon offer seasoned representation to victims in Miami and other Florida cities. Our attorneys assist clients in Broward, Miami-Dade, and Palm Beach Counties. We can help investigate the causes of your accident and pursue any legal claims that you may have against those responsible.

Regulations on Braking Ability

The ability for a truck to brake properly is an extremely important safety issue for avoiding major collisions. Due to their large size, tractor-trailers require a significantly longer stopping distance than other vehicles. Because of the potential danger a large truck poses when involved in a crash, there are several rules in place for ensuring their brakes are maintained and working properly.

Federal regulations specify the types of braking systems that are necessary for big rigs. Requirements regarding service, emergency, and parking brakes are laid out by law. Trucking companies are also responsible for regular inspection, maintenance, and repair of the brakes on their vehicles. Commercial drivers must inspect their trucks daily and report any brake defects. Drivers must also be given appropriate training regarding proper braking procedure.

Hold Truck Drivers and Companies Accountable for Negligence

If a truck’s brakes fail, a driver can lose control. This can lead to devastating results for others on the roads. Many factors can contribute to a brake failure, such as:

  • Poor brake maintenance;
  • Inadequate brake inspections;
  • Overloading the truck, which can cause overheating due to too much pressure; or
  • Lack of driver training regarding proper braking methods.

If an incident of brake failure causes a crash, the trucking company as well as the driver could be held liable for damages. In many instances, negligence is involved when brake failure leads to a collision. To show negligence, the injured party must first prove that the defendant, or defendants, had a duty to exercise reasonable care. This could consist of the responsibility to maintain a proper brake system on the truck. A victim also must show that the defendants breached their duty of care, causing the injuries and resulting damages. For example, if a driver failed to make inspections on his or her vehicle’s brakes, and their failure caused an accident, he or she may be found liable.

Additionally, if brakes fail due to a defect in the manufacturing or design process, their maker may be strictly liable for any harm caused. In order to hold a manufacturer responsible for damages in a product liability claim, a victim must show that the brakes were defective, or unreasonably dangerous to users, at the time they left the manufacturer’s control.

Once liability is established, a victim may receive compensation for any injuries caused by the accident, including lost income, past and future medical expenses, and property damage, as well as subjective harm like pain and suffering. If a faulty brake accident results in death, family members may be able to pursue a wrongful death lawsuit to recover damages such as burial and funeral costs. Since truck crashes often involve multiple parties and complex issues, it is important to consult a knowledgeable attorney to make sure your rights are protected.

Consult a Miami Attorney After a Truck Accident

A commercial driver or trucking company’s failure to inspect and maintain their braking systems can have catastrophic consequences. If you or a loved one has been hurt in a Miami collision, the dedicated truck accident attorneys at the Law Offices of Robert Dixon will try to make sure that you are properly compensated by those responsible. Please call 877.499.4878 or contact us online to schedule a free, no-obligation consultation, even if you are not sure whether you have a claim.

Client Reviews
"Thank you to Robert Dixon & Kristopher Torres for an amazing experience handling with my first injury lawsuit. Very much hassle-free and down to earth experience working with this law firm. I would definitely use them again! My case was settled and I am satisfied with the results! Glad to have them fighting on my behalf." Diamond Epps
"This firm goes out of there way to make sure all of your needs are met. They are wonderful and within a year, my settlement was reached. In addition, I never waited more than a couple hours for someone to get back with me. I highly suggest this firm." Melissa Ellis
"I had the pleasure of working with attorney Torres when I was involved in a car accident last year. He was always checking up on me, always making sure that I was getting the proper treatment that I needed. Whenever I called the office everyone was so nice and willing to help me. I'm glad he was my attorney and thank you for such a wonderful service from you and your firm." Natalie J.
"I'd like to say that the Law Office of Robert Dixon has been great to work with since the inception of my case back in 2016. Robert and team made me feel rest assured that patience would constitute a much larger settlement and that truly was the case. ... I highly recommend this law firm for anyone needing help from a very compassionate team of hard workers. Thanks again everyone for this positive experience as this was my first time ever dealing with the courts or a law firm...." Paul Carlson
"Jodie, Jennifer and the WHOLE Team are AWESOME! Everyone I have spoken to, have been very professional, patient and kind. The ladies take their time to ensure you understand everything that is happening every step of the way. Each time I would have a question, they were available via e-mail or a quick phone call." Nathalie Perez