Commercial trucks, like all vehicles, should have brakes that are in good working order at all times to reduce the risk of collisions. Unfortunately, not all trucking companies ensure that their vehicles are properly maintained, and brake failure is one of the leading causes of truck collisions. Accidents involving commercial trucks often cause devastating, life-altering injuries, and companies that fail to take the measures necessary to prevent brake failure should be held accountable. If you or a loved one suffered injuries in a truck accident, it is in your best interest to speak to an attorney regarding your potential claims. The skilled Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. possess the resources and knowledge needed to hold parties that negligently cause truck crashes accountable, and if you engage our services, we will advocate zealously on your behalf. We regularly represent parties hurt in collisions with trucks in lawsuits in Cape Coral and in Fort Myers and Naples.Brake Failure in Commercial Trucks
The Federal Motor Carrier Safety Administration Regulations (the Regulations) impose duties on both trucking companies and truck drivers to mitigate the risk of accidents. The Regulations require, among other things, that the brakes on commercial trucks must be sufficient to allow the truck to meet the statutory stopping distance standards. In other words, a truck must be able to stop within a specific amount of time.
The Regulations also dictate that trucking companies inspect their trucks’ brakes on a regular basis. Further, all inspections, maintenance, and repairs must be completed by people who possess the qualifications established by the Regulations. Similarly, commercial truck drivers have a duty to conduct pre-trip and post-trip inspections to assess whether the brakes and other parts are in good working order and must make a written report of their findings.Lawsuits Arising Out of Collisions Caused by Brake Failure
People involved in truck collisions caused by brake failure often seek to hold the parties responsible for their losses accountable. There are frequently numerous claims a plaintiff in a trucking accident lawsuit can set forth, but generally, all claims asserted in such cases sound in negligence. For example, the plaintiff may assert a negligence claim against the truck driver involved in the accident. Additionally, the plaintiff may aver a direct negligence claim against the company that owned the truck that caused a collision for failing to guarantee the brakes were in good working order. The plaintiff may also set forth vicarious liability, negligent hiring, and negligent supervision claims against the trucking company.
While the precise claims alleged will depend on the facts of the case, negligence claims, in general, require the plaintiff to prove the same basic elements. Specifically, under Florida law, negligence is made up of a duty, a breach, damages, and causation. In other words, the plaintiff must show that the defendant owed them a duty of care. The duty may arise out of the Regulations or a statute or may merely be the obligation to act reasonably under the circumstances. To establish a breach, the plaintiff must show that the defendant acted in a way that constitutes a deviation from the standard of care. Finally, to demonstrate breach and causation, the plaintiff has to prove that it suffered actual harm and that such injuries would not have arisen but for the defendant’s breach.Consult a Seasoned Florida Lawyer
A commercial truck’s brakes must work adequately, as accidents caused by brake failure usually cause cataclysmic losses. If you were injured in a truck accident, it is advisable to consult an attorney regarding what claims you may be able to pursue against the trucking company and truck driver responsible for your harm. At Lusk, Drasites & Tolisano, P.A., our seasoned Cape Coral lawyers take pride in helping people injured by the negligence of others in the pursuit of compensation, and if you hire us, we will set forth persuasive arguments on your behalf to provide you with a strong chance of a favorable outcome. We frequently represent people hurt in truck accidents in lawsuits from our offices in Cape Coral, Fort Myers, and Naples. You can contact us through our form online or by calling us at 800-283-7442 to set up a free and confidential consultation.