It is not surprising that large tractor trailers and 18-wheelers have highly complex and intricate braking systems. These vehicles weigh thousands of pounds and are often difficult to maneuver, especially with large loads of cargo. Among the common causes of truck accidents is a driver’s failure to maintain their brakes, or a trucking company’s failure to perform routine maintenance on its vehicles. There are specific federal and state regulations that govern the trucking industry, and many of them deal directly with ensuring that these massive vehicles can be operated safely on the roadways. At Breakstone, Gluck & White, our Boston truck accident lawyers have assisted many victims with seeking compensation from a truck driver or trucking company following an accident resulting from inadequate braking ability. If you have been injured in a similar situation, we are ready to help you assert your right to compensation.Bring a Personal Injury Claim Based on Inadequate Braking Ability
To recover compensation from the truck driver or the trucking company responsible for your injuries, you must prove that the driver or trucking company (or both) failed to use reasonable care and skill in operating or maintaining the truck and that you suffered damages as a direct result of the failure. Braking ability involves a driver’s knowledge and experience with operating and checking the braking mechanism. Because of their large size and weight, trucks must begin braking well in advance to ensure that they stop on time. This means that truck drivers need to learn the appropriate way to stop the vehicle and must undergo training to assist them with reacting to sudden changes in traffic patterns that may require quick braking responses.
In addition to regulations requiring truck drivers and trucking companies to perform routine inspections and maintenance on their trucks, trucking companies must also use reasonable care when hiring drivers. This includes ensuring that the drivers have completed the appropriate amount of training and that they can handle large 18-wheelers safely without getting distracted or driving recklessly.
Massachusetts also recognizes a key legal doctrine called vicarious liability. This doctrine holds an employer liable for the careless acts that its employees commit in the course and scope of employment. This means that if a truck driver fails to complete a required safety inspection, and a braking-related accident occurs as a result, the trucking company may also be required to provide you with compensation.
After proving negligence, you must show that you would not have suffered injuries but for the defendant’s conduct. This element is known as causation and is a critical step in any truck accident case. If you are successful in establishing causation, you will be entitled to receive compensation for any expenses or losses that were a direct result of the accident. These include emergency responder fees, hospitalization bills, medical expenses, ongoing medical care costs, missed paychecks, and compensation reflecting a reduced earning capacity. To ensure that you receive reimbursement for all of your expenses, it is critical that you maintain diligent records regarding your treatment and finances following the accident. A truck crash lawyer in Massachusetts can help you ensure that you receive every dollar that you deserve.Seek Guidance from a Reliable Boston Attorney Following a Tractor-Trailer Crash
Whether you were recently involved in a devastating truck accident, or you are embroiled in negotiations with insurance companies, the injury lawyers at Breakstone, Gluck & White are ready to assist you with protecting your legal right to compensation after a truck accident. We have provided legal guidance and representation to victims in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. Our compassionate team of attorneys offers a free consultation to discuss your situation and how we can assist you. You should not wait—time may be running out on your chance to obtain compensation. Call us now at 1-800-379-1244 or contact us online to get started. We also assist people who have been injured in truck crashes involving falling debris or other causes.