Fully loaded tractor-trailers weighing up to 80,000 pounds may prove challenging to stop even under ideal circumstances. When a trucking company fails to properly maintain the truck brakes, improperly loads the cargo or overloads a truck, there is an increased risk of injuries to people sharing the road with these massive vehicles. Truck drivers should be carefully trained on increased stopping distance requirements and the importance of maintaining a safe following distance to properly stop. Unfortunately, driver distraction or pressing delivery deadlines often take priority and the results can be catastrophic when a truck driver fails to leave sufficient stopping distance. If you or a loved one has been injured in an accident caused by a truck’s inadequate braking ability, North Carolina truck accident attorney Carl Nagle can provide zealous advocacy on your behalf. Mr. Nagle and the legal team at Nagle & Associates focus exclusively on helping people hurt in motor vehicle crashes. He founded this firm after gaining experience as an insurance claims adjuster and an insurance defense lawyer. Now, with a focus on maximizing truck accident settlements and trial awards, Mr. Nagle has recovered hundreds of millions of dollars for victims throughout the state.Sue Negligent Trucking Companies for Crashes Caused by Decreased Braking Ability
When a braking issue on a tractor-trailer causes an accident, the victim may pursue compensation from the trucking company and in some situations the driver. Trucking companies must meet their obligations under state and federal laws to inspect and maintain brakes. Truck drivers are expected to operate their vehicles in a safe manner, as a reasonable driver would under similar circumstances. Failing to do so may subject the driver and the company to liability.
Commercial trucks use a complex braking system that requires proper maintenance. Trucking companies and truck drivers owe a duty of care to avoid causing foreseeable harm to others on the road. This duty demands that truck companies properly inspect their trucks and perform maintenance according to schedule to ensure that the brakes are in good working condition. Overloading vehicles, which makes the trucks harder to stop, may be seen as a breach of the duty of care.
Trucking companies may also be held liable for violations of federally regulated mandates for recording brake system maintenance. Skipping important maintenance set forth by the Federal Motor Carrier Safety Regulations is likely to be seen by a judge or jury as careless or even reckless on the part of the trucking company. Additionally, drivers are expected to inspect their brakes before getting behind the wheel. These federal safety regulations are intended to prevent braking ability issues and keep the vehicles in safe operating condition. A proven violation of these laws often motivates insurance companies to make appropriate settlement offers and may lead to substantial trial verdicts.
After demonstrating the liability of the trucking company or truck driver, accident victims may collect monetary compensation. Money damages reimburse victims for costs associated with their physical injuries, including medical bills and hospital costs. Due to the severity of injuries resulting from truck accidents, victims may be able to recover compensation for the years of lost income that they will likely endure as a result of their inability to return to their previous career.
Compensation for psychological suffering and emotional distress often is also available to truck accident victims. Collecting damages for a decreased quality of life due to scarring and disfigurement may be appropriate in some situations. If the evidence supports a finding of recklessness by the defendant, the victim may be awarded punitive damages as well.Contact a Dedicated North Carolina Attorney to Investigate Your Case
Tractor-trailers take considerable time to slow to a stop, and defective trucks with a decreased braking ability often cause devastating harm. Victims of truck crashes resulting from the negligence of a trucking company or truck driver have a right to hold these parties financially responsible for their errors and oversight. NC truck accident attorney Carl Nagle fights for the rights of people harmed in truck crashes throughout North Carolina, relying primarily on medical evidence to show the true impact of injuries on the victim’s financial status and their health and future quality of life. At Nagle & Associates, we pursue compensation from all potential parties and work to leave a victim and their family in a financially strong situation so that they can focus on healing and regaining their strength. Upholding this commitment, our firm’s fee arrangement requests a smaller percentage of a client-approved settlement or a verdict than most other firms. Tractor-trailer crash lawyer Carl Nagle can be reached online or by phone at (800) 411-1583 for a free consultation.