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Braking Ability

Nashville Attorneys Representing Truck Accident Victims

As massive, heavy vehicles, trucks can cause even more serious, life-threatening injuries than other vehicles when they are involved in a collision. If a truck is traveling at a fast speed and does not have the proper braking ability, devastating accidents can occur. The Nashville truck accident attorneys at Martin Heller Potempa & Sheppard, PLLC help victims investigate the events leading up to a collision and pursue justice against the parties responsible for their harm. Truck accident cases can involve many different parties with competing interests, sometimes making victims feel helpless. Our motor vehicle collision lawyers are dedicated to providing zealous legal representation to truck crash victims and their families to protect their rights throughout the proceedings. If you have sustained an injury or lost a loved one in a truck accident involving faulty braking ability, you should contact our office today to find out more about how we can help you recover the compensation that you are legally entitled to receive.

Inadequate Braking Ability and Who is Responsible

All vehicles rely on their braking systems to function properly to safely travel the roads. Truck drivers and trucking companies, in particular, must follow certain requirements regarding these systems. Under federal regulations, interstate trucking companies must adhere to certain guidelines regarding the types of brakes to be installed on their trucks, including service, emergency, and parking brakes. These companies must also engage in regular inspections and maintenance of trucks’ brakes, and they must make sure to take proper measures to repair any defects or wear found. Truck drivers are required to inspect trucks each day to report any noticeable brake defects. Trucking companies are also required to adequately train their drivers in how to use a truck’s braking system to prevent accidents from occurring.

When a truck’s brakes do not work properly, drivers can lose control of their vehicles, resulting in serious injuries to other motorists. Contributing factors that may cause faulty braking mechanisms include:

  • Inadequate brake maintenance
  • Failure to engage in proper inspections
  • Overloading or improper loading of a truck’s cargo
  • Inadequate driver training
  • A defect in the brake system

Often, negligence on the part of a truck driver or a trucking company is present in a truck accident caused by a lack of braking ability. Negligence exists when a defendant has breached an owed duty of reasonable care to another person, leading to injuries and resulting in damages. For instance, if a driver skips the daily brake inspections and therefore does not notice that there has been wear on a certain part, leading to brake failure, the driver would likely be found negligent.

Brakes may also malfunction as a result of a manufacturing or design defect. In these situations, a victim may have a product liability claim against the brake’s manufacturer. A manufacturer is strictly liable for injuries caused by defective products if a defect was present or unreasonably dangerous when the product was released on the market. When fault is determined, victims can receive damages from liable parties in the forms of past and future medical costs, loss of income, diminished earning capacity, property damage, and pain and suffering. It is not always immediately apparent what has led to a truck crash, and a careful investigation is often necessary to determine causation and fault. Consulting an experienced truck accident attorney who can assist in this process is vital to preserving your legal rights.

Contact an Experienced Truck Crash Lawyer in the Nashville Area

If you have been injured or have lost a loved one in a trucking accident caused by inadequate braking ability, truck driver fatigue, a failure to check a blind spot, or another reason, the Nashville attorneys at Martin Heller Potempa & Sheppard, PLLC can help you pursue legal action to ensure that the at-fault parties are held accountable. Our firm offers compassionate and seasoned legal representation to people throughout Davidson and Williamson Counties, including in Franklin, West Meade, Brentwood, Cool Springs, Hermitage, and Sylvan Park. Contact our office today online or at 615-800-7096 to discuss your legal rights and options.