Although large trucks and semis are an important part of our transportation system, these massive and heavy vehicles pose a serious threat to motorists. Perhaps one of the most important components on these vehicles is the brakes, which often consist of air brakes for 18-wheelers and semi-trucks. The U.S. Department of Transportation reports that nearly one-third of all truck-related accidents involve some type of brake system failure. These complicated brake systems must be able to bring a vehicle weighing up to 80,000 pounds to a complete stop. This requires regular inspections and maintenance to ensure that the system is functioning properly and that the driver will be able to stop the vehicle when needed. At the Law Offices of Adam Baron, our Naples truck accident attorneys can help victims take legal action after suffering devastating injuries when they have been struck by a careless trucker.Pursuing Damages after a Crash Caused by Inadequate Braking Ability
An injured person bringing a truck accident case usually will try to prove the elements of a negligence claim against the truck driver and possibly the trucking company that employed or hired the driver. To receive compensation, the plaintiff must show that the defendants violated the applicable standard of care. Drivers and trucking companies are expected to exercise the same ordinary skill and care that a reasonably prudent driver or trucking company would use when it comes to ensuring their trucks are safe, well-maintained, and able to stop appropriately. Negligence may be found when the truck driver or trucking company knew or should have known that there was a problem with the vehicle’s braking system.
Brakes can fail for a variety of reasons, including being worn thin or overused, overheating, and excessive greasing. Because of the importance of being able to stop these massive vehicles, the brake systems often involve a number of fail-safes that will allow the driver to stop the vehicle should part of the system fail. Still, federal regulations require drivers to conduct daily inspections of their vehicles, while also requiring trucking companies to provide adequate maintenance for their vehicles.
After showing that the defendant acted negligently, the plaintiff must establish a causal connection between his or her injuries and the defendant’s lack of due care. Florida recognizes the respondeat superior doctrine, which holds an employer liable for the negligent acts or omissions of its employees that are carried out in the course and scope of employment. Based on this theory, a trucking company can potentially be held liable for injuries that result from a driver’s failure to conduct daily inspections or failure to report the need for maintenance on his or her truck.
After showing causation, the plaintiff will be asked to provide evidence supporting the amount and types of compensation that he or she is seeking in the lawsuit. These may range from medical expenses, lost wages, and loss of future earning capacity to more subjective damages like pain and suffering.Contact a Dedicated Naples Attorney after a Truck Accident
If you or someone you love has been hurt because a truck driver failed to brake properly, you may be entitled to compensation. At the Law Offices of Adam Baron, our Naples truck accident lawyers have provided compassionate and personalized legal guidance to many injured individuals. We can represent people in Coral Springs, Fort Myers, Tamarac, North Miami Beach, and other cities throughout Broward and Miami-Dade Counties. Our injury attorneys offer a free consultation, so you have nothing to lose. Contact us online or call us at one of our regional office locations to set up your appointment. You can reach us in Broward County at (954) 247-4878, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.