Commercial vehicles, such as semi-trucks and 18-wheelers, require maintenance of their complex braking systems in order to ensure that they can effectively stop. Truck crashes due to inadequate braking ability may result when a driver fails to undergo a pre-drive inspection, or a truck company does not properly record maintenance issues. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent truck accident victims in claims for compensation from all at-fault parties. Through investigation, negotiation, and litigation, our Chicago truck accident attorneys aim to hold accountable people and businesses that caused an unsuspecting victim’s injuries.Proving Fault for Collisions Caused by Inadequate Braking Ability
Braking ability refers both to the ability of a truck driver to adequately brake and to the condition of the brake mechanism on the truck. If a truck driver fails to maintain a safe distance between the truck and the vehicles in front of it, this failure may be deemed negligent if it causes a collision and resulting injuries. Additionally, the trucking company may be legally responsible in a truck collision for any maintenance and regulatory violations.
After a truck crash, victims may pursue compensation from a careless truck driver. However, often, truck drivers do not maintain enough insurance coverage to cover the costs of a victim’s catastrophic injuries. Pursuing a legal claim against the trucking company provides a method to recover for the true extent of the harm, since these companies maintain commercial insurance policies. Truck companies may be held legally responsible for a collision under various theories, ranging from vicarious liability to negligently hiring an incompetent driver.
Federal law requires that truck companies record their brake system maintenance and that drivers assess the conditions of their brakes before each drive. A driver or a truck company may be found legally at fault if they did not properly inspect their brakes or did not adequately record maintenance issues.
Commercial brakes may fail when they are overheated or not properly maintained. Since trucks are heavy vehicles, safety mechanisms prevent a total brake failure. This allows for a truck driver to stop the truck even when a brake failure occurs, although the driver must drive a longer distance to effectively stop. If brake issues have gone undiagnosed or are misaligned, a “jackknife” accident may occur when a trailer swings out of control.
Damages for pain and suffering and loss of quality of life may be recovered after demonstrating the liability of a truck driver or trucking company. Regarding medical costs, truck accident victims are encouraged to carefully assess their treatment needs. Proving the impact of all of their physical limitations is necessary in trucking collisions, since the resulting injuries are typically severe. Injured individuals may also recover compensation for the past and future earnings that they have lost at work due to their injuries.Consult a Chicago Attorney about Your Truck Accident Claim
Truck accident victims in Illinois may file a legal claim against a negligent truck driver, their employer, and other at-fault entities. The skilled Chicago lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca bring an extensive knowledge of federal and state trucking regulations to their legal representation of truck accident victims. We strive to maximize compensation for our clients by pursuing all of the potential avenues of recovery. If you or someone close to you has been hurt in a crash involving a commercial truck’s braking ability, call our Chicago office to understand your legal right to compensation. We may be reached by phone at (800) 444-1526 or through our online form to set up a complimentary consultation with a motor vehicle collision lawyer. We also provide legal services to truck crash victims in Rockford, Aurora, Quincy, Springfield, Champaign, and other communities in Sangamon, Kane, Cook, Adams, and Winnebago Counties.