If you have been injured in a truck accident due to brake failure, we can help. At the Law Offices of Robert Dixon, our Miami injury attorneys have the skill, dedication, and experience to handle your case. We understand how complex these cases are, which is why we will examine the facts of your case to determine the cause of the brake failure and the resulting crash. You can trust that we will advocate for your rights at every step of the way.
According to a recent study by the Department of Transportation (DOT), approximately 30 percent of all commercial truck accidents involve brake failure. Trucks must be regularly inspected and maintained to make sure the brakes are in proper working order. In fact, federal law mandates that truckers know about the condition of their brakes. Some of the most common issues that lead to brake failure in trucks include overheated brakes, worn tires, brakes suffused with oil and grease, or overly thin brake pads.
Crash victims may be able to file a negligence claim against the truck driver, the truck driver’s employer, the truck’s mechanic, or the brake manufacturer. Negligence claims require showing by a preponderance of the evidence that the defendant owed the plaintiff a duty of care, the defendant breached the duty of care, and the defendant’s breach was a direct cause of the plaintiff’s damages.
The truck driver’s employer may be liable for the accident if the trucker was an employee of the trucking company and acting in the scope and course of employment at the time the wreck took place. In some cases, the trucking company may be liable if It failed to train the trucker properly, failed to supervise the driver properly, or violated federal regulations governing the industry.
When the brakes fail on a large truck or 18-wheeler, the consequences can be devastating. In an instant, your life can change. You may be hurt, and your ability to work may be seriously affected. This is why Florida law allows victims to pursue damages. If negligence is established, the plaintiff may be able to recover a variety of damages, including hospital expenses, medication costs, property damage, lost wages, and pain and suffering. The exact amount of compensation will vary depending on the nature and extent of the injuries sustained.
It is important to note that Florida has a four-year statute of limitations on personal injury claims. A failure to file within this time limit could mean losing your legal right to be heard by a court altogether.
A brake failure is a terrifying experience and can lead to traumatic injuries. If you or someone close to you has been seriously hurt as a result of a brake failure accident, we can help. At the Law Offices of Robert Dixon, our experienced Miami truck accident attorneys can meticulously analyze the facts of your case and determine who may be accountable. We proudly take on clients from across South Florida. For more information, call us at 1-877-499-HURT (4878) or contact us online today.
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