Braking Ability

Skilled Truck Crash Lawyers Assisting Injured South Florida Residents

Crashed truck Commercial drivers need more time and distance to halt their heavy vehicles. If a big rig’s braking ability is compromised, the driver may not be able to stop in time to avoid a collision. The truck crash attorneys at Frankl & Kominsky provide seasoned representation in complex cases throughout South Florida. If you have been injured in this type of accident, the vehicle’s decreased braking ability may have caused the collision. We can help you prove your case against the trucking company or driver responsible.

Big Rig Braking Ability

A truck’s brakes can make the difference between a driver stopping in time to avoid a crash and a catastrophic accident. A tractor-trailer needs several more hundred feet to halt than the average car. As a result, federal and state regulations require that drivers and trucking companies take measures to ensure that a truck’s braking ability is not compromised. These measures include:

  • Routine brake inspections and maintenance by truck owners and drivers;
  • Proper weight distribution of cargo among the axles to avoid undue pressure on the brakes; and
  • Adequate driver training to ensure that he or she is familiar with the braking system.

Big rigs are also subject to roadside inspections. Florida Highway Patrol troopers examine their brakes and their drivers to ensure that the brakes are functioning properly, and that the vehicle and trucker are in compliance with federal and state rules. If there is a serious violation, the trooper or inspector can issue an out-of-service order, which means that neither the driver nor the truck can return to work until the issue is corrected.

Pursue Compensation from a Truck Driver or Company

If you suffered injuries in a big rig accident, the vehicle’s decreased braking ability may have caused the crash. You may want to consider pursuing a Florida personal injury action against the truck driver and the trucking company. To hold either party liable, you would have to prove negligence.

A party likely will be deemed negligent if it:

  • Had a recognized obligation to act with reasonable care;
  • Violated its duty to use care;
  • Caused injuries because of its violation; and
  • Forced the victim to incur damages that can be compensated as a result.

Truck drivers and trucking companies must use reasonable care to protect others on the road from foreseeable and unnecessary hazards. This duty includes compliance with the federal and state laws regarding the operation of their vehicles, such as maintenance and inspection of brakes, driver training, and safe loading. If a truck’s braking ability is diminished because of carelessness by a driver or company, an injured person can hold each of them accountable for his or her damages. These may include compensation for incurred and anticipated medical expenses, property damage, lost income, loss in earning capacity, and pain and suffering. Florida gives victims four years to file an injury lawsuit.

If a close relative died in a fatal truck crash, you can seek damages through a wrongful death claim. Forms of compensation that may be available could include reimbursement for your loved one’s medical bills, his or her funeral expenses, and your loss of companionship. The statute of limitations for Florida wrongful death lawsuits is two years.

Risk of Loss of Evidence

Truck crashes may be more complex than the typical motor vehicle accident. A thorough and detailed investigation of the collision is necessary to determine if a big rig’s decreased braking ability or other forms of negligence played a role. Unfortunately, when stakes are high, crucial records may be lost or damaged under suspicious circumstances. A Florida court can sanction a party that intentionally destroyed or altered evidence. Also, speaking with an experienced truck accident attorney soon after the crash can help prevent the loss of important records to prove your claim.

Boynton Beach Attorneys Protecting the Rights of Big Rig Accident Victims

At Frankl & Kominsky, our big rig accident lawyers will stand up for your right to damages after a collision near Boynton Beach or elsewhere in the region, such as Deerfield Beach, Coral Springs, or Miami. We have the experience and resources to conduct an exhaustive investigation of the crash, consult with experts, and present a solid case on your behalf. Call us today at (855) 800-8000 for a free consultation. You can also reach us through our online form. We speak Spanish and Creole.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl & Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone.
★★★★★
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm.
★★★★★
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple.
★★★★★
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl & Kominsky for your personal injury case.
★★★★★
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise.
★★★★★