Did a Tractor Trailer’s Brake Problems Cause Your Accident in South Florida? Know Your Rights
A tractor trailer carrying the maximum legal load in Florida can weigh as much as 80,000 pounds. For such a large, heavy vehicle to come to a safe stop, it needs properly working brakes. Truck companies have a proactive responsibility to inspect brakes, identify problems, and conduct any necessary repairs/maintenance. Unfortunately, there are too many large commercial trucks on the road with bad brakes. In this article, our West Palm Beach commercial truck accident attorney explains the key points to know about tractor trailer crashes caused by brake problems.
Know the Federal Regulation: Brake Inspection and Maintenance
The Federal Motor Carrier Safety Administration (FMCSA) sets basic vehicle and equipment safety standards for tractor trailers that operate in interstate commerce. Brake inspection and brake maintenance are covered by trucking safety regulations. Among other things the FMCSA requires:
- Regular brake checks (inspection); and
- Strict maintenance protocols (repairs).
These regulations are designed to prevent accidents caused by brake failures and ensure that all commercial vehicles operate safely. Trucking companies should create and maintain detailed inspection schedules and develop specific maintenance procedures.
A Serious Truck Accident in Florida Requires a Thorough Investigation
Every serious semi-truck accident in the region should be carefully investigated by an experienced attorney. How do you know if a crash was caused by a truck’s bad brakes? The answer, in part, is through an investigation. Your lawyer can help you gather all relevant evidence, including:
- Statements from the truck driver;
- Black box evidence of slow stopping after brakes applied;
- Truck inspections and maintenance records; and
- A crash analysis from a qualified accident reconstruction expert.
A Negligent Trucking Company Can Be Held Accountable for a Bad Crash
Florida is a no-fault motor vehicle accident state, including for commercial truck accidents. Your initial claim after an accident should be through your own Personal Injury Protection (PIP) policy. With that being said, you can step outside of the no-fault system and file a fault-based personal injury lawsuit directly against a negligent trucking company if you suffered a serious injury in a crash. A negligent trucking company must be held liable if its failure to inspect and/or maintain the truck’s brakes contributed to a serious accident. Injured victims in Florida need compensation for the full extent of their damages, including medical bills, lost income, and pain and suffering.
Schedule a Free Case Review With Our West Palm Beach Semi-Truck Accident Lawyer Today
At Pike & Lustig, LLP, we fight tirelessly to protect the rights of injured victims. If you or your loved one was hurt in a crash caused by a commercial truck with bad brakes, our attorneys are more than ready to help. Contact us today for a free review of your case. With offices in West Palm Beach and Miami, we fight for the rights of truck accident victims throughout Southeast Florida, including in Jupiter, Fort Lauderdale, Coral Gables, Boca Raton, and Miami Beach.
Source:
csa.fmcsa.dot.gov/safetyplanner/MyFiles/SubSections.aspx?ch=22&sec=64&sub=130
