When you are out driving on the roads of New York or New Jersey, you expect other drivers to stop when they are supposed to stop. Unfortunately, this doesn’t always happen. Sometimes, the driver is responsible for failing to stop. What happens when the brakes on a truck fail?
Tractor-trailers have complicated braking systems. Many trucks are equipped with air brakes. Air brakes are very different from the hydraulic brakes found in your car. Air brakes are so difficult to operate that a special commercial license is required to use them. When a truck’s air brakes fail or malfunction, the result is tons of steel heading into an intersection.
Truck wrecks are often fatal and commonly lead to serious injury.
The law firm of Davis, Saperstein & Salomon, P.C., is here to help you get justice if you or a loved one has been hurt in a truck accident caused by bad brakes. Depending on the specific facts of your case, we will try to hold either the driver or the trucking company responsible. In some cases, we may be able to force both parties to pay. It may even be possible to sue the manufacturer of the brakes, or a mechanic that worked on them.
To learn more about your rights and the options available to you for seeking compensation, call us today at 1-800-LAW-2000 or use our online form. We provide free initial consultations.
Establishing Liability in Truck Crashes Involving Bad Brakes
In some truck wreck cases involving bad brakes, the driver may be responsible. If the driver operates the tractor-trailer when his low air pressure light is on, or if he drives knowing that the brakes are malfunctioning, then the driver may be held responsible under the law.
As with any vehicle, a driver should be able to tell immediately that there is a problem with his brakes. Driving without fully functioning brakes is often found to be reckless in the eyes of the law.
Trucking Company Responsibility
When a trucking company sends its trucks onto the roads, it is responsible for the condition of that truck as well as some of the actions of the driver. Overloading dump trucks and other construction vehicles beyond their intended weight capacity restrictions can cause brakes to be ineffective or to fail.
A shipping company can cause an accident through many types of negligence such as improper maintenance, improper loading, or negligent hiring. The law firm of Davis, Saperstein & Salomon, P.C., will work to hold a shipping company responsible for knowingly sending out trucks that are in dangerous condition.
Manufacturer or Mechanic Responsibility
If truck brakes fail unexpectedly, and you are injured, it may be the fault of the company that built the brakes. An area of law called products liability law may allow you to sue a manufacturer who has produced faulty brakes. If brakes have been installed or serviced recently, but have failed, there may be sufficient proof to hold a mechanic responsible. While a mechanic cannot be blamed in most cases, if there is proof of negligence on the part of the mechanic, they can sometimes be held responsible.
Have You Been Injured in Truck Accident Involving Bad Brakes in New Jersey or New York?
If a truck accident has resulted in injuries to you or the loss of a loved one, Davis, Saperstein & Salomon, P.C., will do everything it can to bring those responsible to justice. We handle cases in New Jersey and New York. Schedule a free consultation today about your case. You can reach us by calling 1-800-LAW-2000 or taking a moment to complete and submit our online form.