When a truck’s brakes fail, the results can be catastrophic. An accident may lead to serious or even fatal injuries, as well as property damage. The Spring Hill truck crash lawyers at Holliday Karatinos Law Firm, PLLC are seasoned personal injury attorneys who can help you if you hurt in a truck collision. We handle complex truck accidents, and can investigate your case to see if a truck’s brake failure caused the crash. We offer diligent representation to help our clients obtain the compensation they deserve for their injuries. Contact us today to see how we can help.
Brake Failure in Trucks
Brake failure in trucks poses a real danger to motorists, pedestrians, and others on the road. Trucks are exceptionally large vehicles, often hauling heavy cargo across counties and state borders. When the brakes on a truck fail, the truck driver may lose control of the vehicle and crash into other motorists. Cargo on a truck may also become lose and fall of the vehicle, particularly if it was improperly loaded in the first place.
A number of federal and Florida regulations require trucking companies and drivers to take measures to ensure brake safety. Every truck must have properly adjusted and working brakes. The regulations also specify certain braking system requirements and regular repair and maintenance. Drivers must receive adequate training and have familiarity with the brakes on their vehicles. They must also inspect their trucks daily and report any defects.
Unfortunately, truck brakes do fail, and usually because one or more parties failed to do its part. When brake failure causes a truck to crash, several parties may be liable for injuries to victims of the accident.
Brake Failure in Florida Truck Accidents
If a truck failed to brake and caused your injuries, you may have a personal injury claim against more than one party. The truck driver, trucking company, the brake manufacturer, or the party that loaded the cargo may be responsible for the brake malfunction. In many cases, the cause for the brake failure is negligence.
A party is negligent when it fails to exercise reasonable care. To prove that a party in your case was negligent, you must be able to demonstrate that the defendant:
- Had a duty to exercise care;
- Failed to exercise the duty of care (or breach); and
- Caused the injuries and damages for which you are seeking compensation.
For example, a driver may be liable if he or she did not inspect the brakes for defects, which then resulted in a crash. If you can show a nexus between the defendant’s breach and your injuries, you may hold the defendant liable.
If the brake failure was caused by a mechanical or design defect, then the manufacturer may be strictly liable for your injuries. A manufacturer is strictly liable if a manufacturing or design defect in its product made it unreasonably dangerous to a consumer or user. The brakes, or component parts, must have been defective when they left the manufacturer’s control.
When Evidence is Spoiled
With the number of potential defendants in a truck accident case, there is a risk that evidence may disappear. Critical evidence, such as truck maintenance records, truck driver inspection reports, or even the truck itself, may be compromised. Florida courts will impose sanctions on a party that intentionally destroys, alters, or “spoils” evidence in an attempt to hinder the other party’s ability to make its case.
If you successfully prove your claim, you may be able to recover damages. This can include compensation for any medical and hospital expenses, property damage, lost wages, and more. Florida has a four-year statute of limitations on personal injury claims. Speaking with an experienced injury attorney soon after the accident can help secure evidence in your case and your right to file a suit.
Our Truck Accident Lawyers Are Prepared to Fight
At Holliday Karatinos Law Firm, PLLC, our Brooksville injury attorneys are ready to fight for your right to compensation for your truck accident injuries. Our lawyers have more than five decades of combined legal experience in the area of personal injury. We have handled complex truck accident cases, including crashes caused by brake failure. We can put our years of experience and tenacious representation to work for you. We serve clients in Brooksville, New Tampa, and Lutz, as well as other nearby areas. Call us or complete our online form to schedule a free initial consultation.