Whenever the brakes of the truck fail, you can only be faced with catastrophic injuries. Accidents like this often lead to very serious injuries and even fatal injuries, together with substantial property damage. Hiring professionals like truck accident lawyers Hensley Legal Group will help you deal with the complexities of such truck accidents and the difficult legal process that follows to get the financial compensation you deserve.
Brake Failure
A truck is exceptionally large. It often hauls really heavy cargo. If the brakes fail, losing control is very easy and the truck might end up hitting other motorists. Also, truck cargo can fall out as it becomes loose. This is particularly the case in the event that it was not properly loaded.
There are several federal and state regulations that force truck drivers and trucking companies to ensure the safety of the brakes. All trucks need working and adjusted brakes. Also, there are strict braking system requirements in place, together with regular maintenance and repair. All truck drivers need adequate training and have to inspect drugs every single day.
A person is responsible for the brake failure truck accident when reasonable care was not exercised. In order for you to prove negligence, you have to prove that the party at fault:
- Did not exercise the required duty of care.
- Had some sort of duty of care to begin with.
- The negligence caused damages and injuries.
As a very simple example, if the truck driver did not inspect brakes for the presence of defects, they are considered liable. However, this is only the case when it was the brake failure that led to the accident. If the brakes are damaged but they did not cause the crash, liability lies elsewhere.
The Importance Of Evidence
In all truck accident claims, evidence is very important. It is up to the plaintiff to prove what happened. The problem with brake failure is that evidence is often lost. For instance, it is very common to see driver inspection reports, maintenance records, and even the truck become compromised. Sanctions are present for those who alter evidence. However, this does not mean it does not happen.
Damages
You can only recover damages when you successfully prove the injury claim. This is why you need the help of an experienced truck accident attorney who can look for the evidence needed to prove that the brake failure happened, it caused the accident, and what injuries appeared, together with property damages.
Compensation is available for all medical expenses, lost wages, property damage, and so much more. Just make sure you file the injury claim in the required timeframe according to the statute of limitations.
Final Thoughts
The good news is that you can receive compensation for truck accidents happening due to brake problems. The bad news is evidence is very complex and you will have to go through several legal procedures in order to obtain financial compensation. This is not something easy to do without the help of a truck accident attorney. Always look for one who is experienced and who has a proven track record of success.