Braking Ability

Unfortunately, tractor-trailer accidents can cause devastating harm to individuals in smaller vehicles. Victims of truck accidents often suffer life-altering injuries that interfere with even the most basic day-to-day activities. In some tragic situations, they may even lose their lives.

Our truck accident lawyers can advise people who are coping with the aftermath of a devastating truck crash. Our accident lawyers work diligently to investigate the facts of a case and pursue the compensation that victims and their families deserve.

How Faulty Braking Systems Cause Truck Accidents

According to the Federal Motor Carrier Safety Administration, brake problems are a contributing factor in a significant percentage of truck accidents. These issues include brakes that are out of adjustment, poor air pressure, overheated brakes, condensation, and worn-out brake components.

If a truck's brakes are faulty, the results can be catastrophic. This is because trucks have more momentum than smaller vehicles due to their weight and require much more stopping distance than an average car. Although laws and regulations mandate that truck brakes be inspected and maintained regularly, faulty brakes and even brake failures are still common.

Proving Negligence

If you have been involved in a tractor-trailer accident, you may be able to recover compensation through a negligence claim. Truck drivers and their employers have an obligation to use reasonable care and to refrain from engaging in practices that would cause a foreseeable risk of harm to others on the road.

To prove a negligence claim against a truck driver or trucking company, we would have to show:

• Defendant owed the victim a duty to exercise reasonable care
• Defendant breached this duty with some careless conduct
• Defendant's breach was the direct cause of the accident
• Plaintiff suffered quantifiable damages as a result

Proving Product Liability

If the brakes encountered a problem because of a design or manufacturing defect, the truck or brake manufacturer can potentially be held liable for the harm as well under a product liability theory. Product liability cases simply require the plaintiff to show that a design or manufacturing defect existed when the brakes left the manufacturer's control and that the defect was the direct cause of the truck accident and the resulting damages. These types of cases do not require demonstrating negligence on the part of the manufacturer.

Filing a Wrongful Death Claim

If you have lost a loved one in a fatal truck accident, you may be able to recover damages through a wrongful death claim. These actions tend to be complex both in terms of who can bring them and the time that potential plaintiffs have to file them. Thus, it is important to seek the help of an attorney if you are considering pursuing a wrongful death claim.

Our Legal Team

People who have been involved in a truck accident should consult a Florida truck accident attorney familiar with this area of the law. At Lusk, Drasites, & Tolisano, we believe in holding negligent parties accountable for the harm that they cause. We represent accident victims near Cape Coral, Fort Myers, and Naples. 

Call us toll-free at (239) 908-4930.