When considering the causes of truck accidents, the first thought goes to a truck driver’s error, based on being overly fatigued, distracted, or otherwise careless. However, many times, these accidents are caused by a part of the truck malfunctioning, often affecting a vehicle’s braking ability. When a truck’s brakes fail, catastrophic and life-altering accidents can result, especially when such a large vehicle is traveling at high speeds. Queens truck accident lawyer Marc S. Albert assists victims with investigating the circumstances leading to their injuries and taking aggressive legal action against those responsible.
As a legal advocate for injured victims and their families for more than two decades, Marc S. Albert has the experience necessary to fight on behalf of his clients against a trucking company, a manufacturer, or another party liable for their harm. If you have been injured or have lost a loved one due to a trucking accident that you suspect may have been caused by a failure of the truck’s braking system, you should contact our office to find out more about how we can assist you.Holding Negligent Parties Responsible for Accidents Caused by Inadequate Braking Ability
The Federal Motor Carrier Safety Administration (FMCSA) has reported that each year, almost 30 percent of truck accidents nationwide involve an issue with a truck’s braking ability. The FMCSA is the federal agency tasked with regulating the interstate trucking industry, and it issues guidelines that companies must follow in order to operate their vehicles. In addition to requirements regarding necessary meal and rest breaks that drivers must take and specialized licensing necessary to operate a truck, the FMCSA also requires drivers to inspect a vehicle’s brakes each day and issue a written report of their findings. This report must identify defects that could make driving the truck unsafe, and any defect found must be fixed before the vehicle is on the road again. Trucking companies must also train drivers regarding the proper use and maintenance of a truck’s brakes. A failure by any of these parties to follow these requirements can result in catastrophic collisions with cars or motorcycles.
Sometimes a driver will not perform proper inspections or maintenance of a vehicle’s brakes, due to time constraints and a hurry to get back on the road to make a deadline. Drivers may also fail to report finding any issues for the same reason. When a truck driver recklessly returns to the road, knowing that their brakes are not safe, they can be held liable for any injuries caused by such actions in a personal injury case. A driver’s trucking company employer may also be found vicariously liable for negligence if a careless act was taken within the scope of employment.
At other times, a braking ability accident is due to a manufacturing or design defect. Under these circumstances, a brake or part’s manufacturer can be held strictly liable if it is shown that the product posed an unreasonable risk of danger at the time that it was released to consumers. If an attorney can establish liability, an injured victim can be awarded damages for past and future medical expenses, lost income, diminished earning capacity, and, in some cases, pain and suffering.Consult a Dedicated Truck Crash Attorney in Queens
When drivers, companies, or others fail to follow the law, creating dangerous conditions on the road, they should be held accountable for the harm that results. Queens attorney Marc S. Albert provides individualized legal representation to each client, making sure that they know and understand their rights and options throughout the legal process. During his career, he has obtained settlements and verdicts amounting to a total of over $100 million for clients in personal injury and wrongful death claims. Our firm assists victims throughout New York City and Long Island from our offices in Astoria and Syosset. Contact our office today online or at 855.252.3788 to speak to an attorney about your potential claim at no charge.