Brooklyn Braking Accident
When there is a car accident or any type of an auto accident, it is not unusual for a mechanical problem to be cited as a contributing factor. In fact, mechanical failure is a leading cause of truck accidents. One type of mechanical failure is a problem with the brakes. According to statistics reported by the federal government 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 such a truck is unable to slow down because of a brake failure, the consequences are typically tragic for both the driver of the truck as well as other vehicles that are in the path of the careening truck. 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 Brooklyn 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 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 the law truck drivers are required to inspect the truck’s service brakes including trailer brake connections and write a written report. 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.
- Inspection failure. If a driver or trucking company fails to inspect brakes according to the requirements of federal law, a problem could go unnoticed until it is too late.
- Distracted driving. Truck drivers who are distracted by cell phone use, eating, reading, or passengers may not notice a change in traffic condition or change in road condition in time to brake and avoid a collision.
If you were injured in a commercial truck accident and it is determined that the truck driver was at fault, the type of damages that you may entitled to depends on such factors as the extent of your injuries and your employment history.
- Medical expenses. If you are seriously injured in a truck accident you will undoubtedly accumulate a significant number of medical bills. These bills may start with the fee for the ambulance ride to the emergency room. Then you will have the emergency room fee. If you are admitted to the hospital, you will get billed for all services related to your hospital stay. Once you are released from the hospital, you will have follow-up visits with your doctors. You may also have to take prescription medication, and you may have to go to physical therapy. The party responsible for your injuries may be required to pay for your medical expenses.
- Lost wages. Any serious injury will take some time for recovery. No matter how much you want to return to work you may not be able to for quite some time. In the meantime you are accumulated medical bills and your household bills have to be paid. As part of your personal injury lawsuit you can ask the court to award you compensation for the paychecks that you are no longer receiving because you are not able to work. .
- Pain and suffering. Pain and suffering is a type of damage award that compensates victims for both the physical pain and emotional suffering they experienced as a result of the accident. The determination of the amount a victim should receive for pain and suffering can be complicated. If you have to undergo surgery, have a permanent, noticeable scar, or have some other permanent injury, you are more likely to receive a significant pain and suffering award then if you fully recovered from your injury.
- Wrongful death. Unfortunately, in some cases victims of truck accidents suffer injuries that are so severe that the victim passes away. In such cases certain family members may be able to recover damages in a wrongful death lawsuit. Damages in a wrongful death lawsuit include medical expenses, pain and suffering, loss of consortium, and funeral expenses.
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.