New York Braking Ability

When there is a car accident or any type of an auto accident, it is not unusual for a mechanical problem such as a problem with the brakes to be a contributing factor. In fact, according to statistics reported by the Federal Motor Carrier Safety Administration (FMCSA), 29% of all truck accidents each year in the United States involved a problem with the brakes. Tractor trailers typically weigh up to 80,000 pounds and on highways drive at speeds well over 55 miles per hour. If a massive truck that is traveling at a high rate of speed is unable to slow down because of a braking problem, the consequences are often tragic for the much smaller vehicle involved in the collision. Victims of such accidents often suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Sadly, many victims of truck accidents do not survive. If you were injured in a truck accident caused by a brake failure, it is important that you immediately contact a New York Braking Ability Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering through a personal injury claim. In addition, if during the course of the treatment for your injuries your doctor, nurse, or other medical professional is negligence and commits medical malpractice, the truck driver or trucking company may be required to compensate you for that as well.

Federal Truck Safety Law

Those who drive large commercial trucks such as tractor trailers are required by federal law to inspect brakes before they get on the road and to maintain an inspection log detailing their visual inspections. The Federal Motor Carrier Safety Administration (FMCSA) has strict rules to ensure that trucks traveling across New York highways and highways across the country are in good condition so that braking failures are less likely to occur. Under § 396.11 of FMCSA, truck drivers are required to inspect the truck’s service brakes including trailer brake connections and write a written report. The report must detail any defect that would affect the safe operation of the truck. Any defect that is likely to affect the safe operation of the vehicle must be repaired before the driver operates the vehicle again.

Common Braking Problems

There are many different types of problems related to braking that could contribute to a serious truck accident.

  • Defective brakes. If the brake mechanism has a design flaw or if the brakes were not properly installed, any accident that resulted from these errors would be the legal responsibility of the party who manufactured or installed the brakes.
  • Improper maintenance. Brakes that have thinning pads, are suffused with lubricants will affect how they function. Maintenance issues should be noticed and corrected by routine inspections.
Pursuing a Claim

Truck accidents can lead to devastating injuries, and all too often, death. Through a personal injury lawsuit, New York law allows you to hold the negligent party responsible for the losses you suffered. Victims who suffer serious injuries in truck accidents have significant medical bills. In addition, because victims of serious injuries often have to miss a great deal of work or are unable to return to work at all, victims have the right to sue for lost wages and loss of earning capacity. In addition, if the accident resulted in the death of a member of your family, you may be able to pursue damages through a wrongful death lawsuit.

Beware that New York law has a specific time limit for filing a personal injury or wrongful death claim. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.

New York Braking Ability Lawyer

If you were involved in a truck accident that was caused by a braking problem, it is important to immediately contact an experienced truck accident attorney since the rules that apply to a truck accident and in many ways different from those that apply to a car accident. Contact Stephen Bilkis & Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations:

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