Commercial trucks are used to transport heavy cargo, and they are often driven hundreds of miles per day at high rates of speed. As such, it is crucial for truck drivers to be able to control their trucks, which means that the brakes must be in good repair. When a truck has inadequate braking ability, the truck driver may be unable to stop in time to avoid an accident, which can lead to devastating consequences. If you or a loved one were injured in an accident with a truck with insufficient braking ability, you may be able to recover compensation. Eric Beasley is a Nashville truck accident lawyer with the experience needed to help you pursue damages for your harm, and he will work tirelessly to help you seek a favorable result. Mr. Beasley regularly assists parties in lawsuits arising out of truck accidents in cities throughout Middle Tennessee.Trucking Company and Truck Driver Duties
The Federal Motor Carrier Safety Administration sets forth regulations trucking companies and truck drivers must abide by for the safety of all motorists and passengers. In part, the regulations state that both trucking companies and the drivers they employ are obligated to perform periodic inspections to make sure a truck’s brakes are working properly and to detect any mechanical issues that may cause a collision. Truck drivers are also specifically required to conduct pre-trip and post-trip inspections each time they drive, and to draft a written post-trip inspection report at the end of each driving day.
Commercial trucks must also undergo an annual inspection with a qualified brake inspector. Commercial trucks must also meet the stopping distance standards imposed by the National Highway Traffic Safety Administration, which means that they must have the necessary braking ability needed to stop within a specified period of time.Holding Parties Accountable for Accidents Caused by Insufficient Braking Ability
When a commercial truck lacks the ability to stop in time, it is often due to an issue with the truck’s brakes. In other words, the brakes may be worn out or misaligned or may lack adequate air pressure. When an accident is caused by an issue with a truck’s brakes, there may be multiple parties that can be held accountable for any damages caused by the accident. For example, brakes may be inherently unsafe due to a defect in the manner in which they were designed or manufactured. If a defect causes brakes to fail suddenly, causing an accident, anyone injured in the accident may be able to pursue a product liability claim against the manufacturer of the brakes. A skilled truck accident lawyer can assess whether this type of claim would be appropriate in your case.
In most cases, however, a party injured in an accident will assert a negligence claim against the truck driver involved in the accident. Under Tennessee law, a plaintiff asserting a negligence claim must show that the defendant had a duty to act with reasonable care, but that the defendant breached this duty. The plaintiff must then show that the breach led to the accident, and the accident caused the plaintiff to suffer measurable damages.
When an accident is caused by inadequate braking ability, evidence showing that the driver did not conduct the required inspections, or did not document or address any issues noted during any inspection, may be used to support the assertion that the driver was negligent. In cases in which the driver was working as an employee of a trucking company, the company may be held liable as well if the company knew or reasonably should have known that the driver did not perform the required inspections. Similarly, if the trucking company did not conduct yearly inspections, it may be held independently liable.Meet with a Capable Truck Accident Lawyer in Nashville
If you sustained damages in an accident caused by a truck with inadequate braking ability, it is prudent to meet with an attorney to discuss what claims you may be able to assert against the parties that caused the accident. Mr. Beasley’s office is located in Goodlettsville, and he can represent people in lawsuits in Nashville as well as in Goodlettsville, Hendersonville, Lebanon, and Murfreesboro. Mr. Beasley also represents people in cities in Williamson, Davidson, Robertson, Wilson, Sumner, and Rutherford Counties, and throughout Middle Tennessee. You can reach Mr. Beasley through the form online or at (800) 431-2768 to set up a free conference.