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Bronx Braking Accident

Large commercial trucks such as tractor trailers, tank trucks, garbage trucks and dump trucks typically weigh between 10,000 and 80,000 pounds. Because of their size, weight and the cargo that they carry, large commercial truck cause devastating damage when they collide with other vehicles. Thus, it is critical that each truck’s braking system is in good condition and that they driver understand how to properly use the braking system. Victims of a car accident or a truck accident that was caused by a braking problem 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 Bronx Braking Accident 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 the medical staff 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 Causes of Braking Problems

There are many different types of problems related to braking that could contribute to a serious truck accident. Many such problems are due to the negligence of the truck driver or the trucking company. Common reasons for braking problems include:

  • Improperly secured load
  • Overloaded truck
  • Defective brakes
  • Bald tires
  • Wheels that are out of balance
  • Torque imbalance

In addition, if a driver does not use proper braking technique, the truck may cause an accident or may not stop in time to avoid an accident. For example, in some cases braking too hard will result in the load shifting. This could cause the load to spill or the truck to jackknife.

Pursuing Compensation

Truck accidents can be devastating to a victim as well as to the victim’s family. Because of the size and weight of large trucks, even low-impact, low-speed accidents can have catastrophic results. Truck accidents can lead to devastating injuries such as a spinal cord injury, broken bones, brain injury, amputation, paralysis, 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 a family member died in a truck accident, then New York law allows you to pursue compensation through a wrongful death claim.

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.

Bronx Braking Accident 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 800.696.9529 to schedule a free, no obligation consultation regarding your case.

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