Braking Ability

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 Palm Beach Gardens. 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.

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.

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 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 two 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.

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.

At Frankl Kominsky, our big rig accident lawyers will stand up for your right to damages after a collision near West Palm Beach or elsewhere in the region, such as Delray Beach, Boca Raton, or Lake Worth. 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.