Commercial trucks often carry up to 80,000 pounds or more of load. This puts tremendous strain on the truck’s braking system. Brake failure is one of the major causes of commercial truck accidents in the United States.
If you have been rear-ended by a commercial truck, the possibility of brake failure needs to be fully investigated. If you suspect brake failure, you should consult an attorney immediately. An experienced semi-truck attorney will send notice to the commercial trucking company requiring them to preserve all evidence related to the crash including maintenance records which could show a lack of proper brake maintenance. Also, critical evidence including the brake system itself can be preserved and/or inspected by experts who are able to determine the cause of the crash.
Please note that the trucking company will almost always send its own “expert” to the crash scene in an effort to minimize its potential liability. In this respect, the trucking company is already ahead. Thus, it is very important to retain a competent attorney as quickly as possible.
As discussed in more detail on our elements of a claim page, proving liability is the first step in recovering for your damages. Mechanical issues including brake system failure can complicate the liability analysis against the driver and trucking company. In this situation, the driver may argue he or she is not at fault because this type of system failure is impossible to predict. The trucking company may also argue it is not to blame because it “complied with all federal rules and regulations.” When this occurs, negligence on the part of the driver or trucking company is often established after a careful and thorough review of the trucking company’s documents.
If you or a loved one has been injured in an accident involving a semi-truck, please call or email us today for a free consultation. The highly skilled attorneys Fuicelli & Lee, PC are experts in handling semi-truck cases and are here to help.
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