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.