Brake Failure Truck Accident Lawyers

Have you or a loved one been seriously injured in a truck brake failure accident?

These catastrophic crashes involving massive tractor-trailers can result in life-altering consequences such as head injuries, whiplash, and spinal cord injuries. Victims face a difficult road to recovery, saddled with mounting medical bills, lost wages, and immense pain and suffering.

If you find yourself in a similar situation, you need talented, tenacious legal representation that understands your circumstances. However, before we discuss your options, it’s important to understand what caused your accident.

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The Causes of Truck Brake Failure

Commercial truck brakes can fail due to a variety of factors, each posing a severe risk to motorists sharing the roads. Some common causes include:

  • Defective Brake Components: Flawed or malfunctioning brakes can severely compromise a truck’s ability to stop, leading to disastrous consequences. These defects may arise from manufacturing errors, design flaws, or a failure to meet federal safety standards.
  • Brake Imbalance: An uneven distribution of braking force among the wheels can cause unpredictable braking behavior, increasing the likelihood of accidents. This imbalance may result from improper adjustments, worn components, or other mechanical issues.
  • Overheated Brakes: Continuous heavy braking, especially on long descents or in stop-and-go traffic, can cause the brakes to overheat and fade or fail completely. Proper braking techniques and well-maintained brakes are essential to prevent this issue.
  • Improper Adjustments and Maintenance: Incorrectly adjusted brakes can lead to uneven wear and reduced braking power. Similarly, neglecting regular brake inspections and maintenance can allow small issues to escalate into significant failures, endangering all road users.
  • Overloaded Trucks: Exceeding a truck’s recommended weight limits places excessive strain on the brake system, diminishing its effectiveness and increasing the risk of failure. Proper cargo loading and weight distribution are essential for safe braking.

The legal team at Garces, Grabler & LeBrocq has extensive experience investigating and litigating cases involving all types of truck brake failures. We work tirelessly to uncover the root cause and hold responsible parties accountable for their negligence.

Understanding the Impact of New Jersey Truck Brake Failure Accidents

Truck brake failure accidents often lead to severe injuries that can alter lives. Common injuries include:

  • Traumatic brain injuries: Ranging from mild concussions to severe brain damage, which can have lasting cognitive and physical effects.
  • Spinal cord injuries: These may result in partial or complete paralysis, significantly impacting life quality.
  • Orthopedic injuries: Including broken bones, complex fractures, and potential amputations due to the force of the crash.
  • Damage to internal organs: Can be life-threatening and often require extensive medical intervention.
  • Soft tissue injuries: Such as whiplash and other forms of neck trauma, which can cause long-term discomfort and mobility issues.

These injuries not only cause physical pain but also lead to emotional and financial stress, affecting the victim’s quality of life and ability to work. Beyond the physical injuries, truck brake failure accidents can have profound emotional and financial consequences for victims and their families, including:

  • Chronic Pain and Ongoing Medical Needs: Many injuries require ongoing medical treatment, rehabilitation, and long-term care, leading to substantial medical expenses and chronic pain management.
  • Permanent Disabilities or Disfigurement: Some injuries may result in permanent disabilities or disfigurement, impacting a victim’s quality of life and ability to work or engage in daily activities.
  • Emotional Trauma: The traumatic nature of these accidents can lead to conditions like post-traumatic stress disorder (PTSD), anxiety, and depression, requiring professional counseling or therapy.
  • Loss of Income and Future Earning Potential: Severe injuries may prevent victims from returning to work, resulting in a loss of income and future earning potential, compounding financial difficulties.
  • Diminished Quality of Life: The physical, emotional, and financial burdens of a truck brake failure accident can significantly diminish a victim’s overall quality of life, affecting their ability to participate in activities they once enjoyed.
  • Strained Personal and Family Relationships: The stress and demands of recovering from severe injuries can strain personal and family relationships, adding emotional turmoil to an already difficult situation.

Our attorneys understand the immense toll these accidents can take on victims and their loved ones. We treat each client like family, providing empathetic support while aggressively pursuing the compensation they need to rebuild their lives. To do that, we must investigate your case to determine who was at fault.

Determining Fault

In truck brake failure accidents, multiple parties may be held liable for the resulting injuries and damages. Our attorneys thoroughly investigate each party’s role and actions to determine fault and fight to make sure that all responsible parties are held accountable.

The Federal Motor Carrier Safety Administration (FMCSA) has established regulations that dictate the minimum maintenance standards for commercial trucks. Drivers are legally required to conduct thorough pre-trip and post-trip inspections to ensure their vehicle’s brakes are functioning properly. Failure to perform these inspections, continuing to operate with reported brake issues, or engaging in unsafe practices like intentionally deactivating or disconnecting brakes can constitute negligence, making the driver liable.

Companies have a duty to maintain their fleet of vehicles, including regular brake inspections, repairs, and proper recordkeeping. Failure to address known brake issues, neglecting maintenance schedules, or failing to adequately train drivers can expose trucking companies to liability.

Additionally, improper cargo loading and securement practices can contribute to brake failures by causing shifts in weight distribution or increasing the strain on the braking system. If these factors played a role, the trucking company may be held responsible.

Finally, manufacturers of truck brakes and related components must adhere to strict federal regulations for design, production, and safety. If a manufacturing defect, flawed design, or failure to provide adequate warnings or instructions contributed to the brake failure, the manufacturer can be held accountable for the resulting damages.

Maximizing Your Recovery

In addition to pursuing compensation for your medical expenses, lost wages, and other economic damages, our attorneys will fight to secure compensation for your non-economic damages, such as:

  • Pain and Suffering: The physical pain, emotional distress, and diminished quality of life resulting from your injuries can be compensated through pain and suffering damages.
  • Loss of Consortium: If your injuries have impacted your ability to maintain a healthy relationship with your spouse or partner, you may be entitled to compensation.
  • Disfigurement and Scarring: Severe accidents can result in permanent disfigurement or scarring, which can profoundly impact a victim’s self-esteem and quality of life.
  • Punitive Damages: In cases involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible parties and deter similar behavior in the future.

Our goal is to secure a comprehensive settlement or verdict that accounts for all the ways your life has been impacted by the truck brake failure accident, ensuring you have the resources necessary to rebuild and move forward.

Choosing the Right Representation in New Jersey

At Garces, Grabler & LeBrocq, we offer a detailed approach to handling your truck accident case, focused on maximizing your compensation and recovery:

  • Investigation and Evidence Collection: We deploy an extensive network of resources to thoroughly investigate the accident. This includes gathering police reports, medical records, and eyewitness accounts alongside employing accident reconstruction specialists.
  • Close Collaboration: We work with mechanical engineers and trucking industry experts to understand the specifics of brake failure and to establish a solid case against responsible parties.
  • Aggressive Advocacy: Our attorneys are skilled in navigating the complexities of insurance negotiations and will push for a settlement that reflects the full extent of your losses. If necessary, we are prepared to take your case to trial to fight for the justice you deserve.
  • Comprehensive Representation: From initial consultations to courtroom proceedings, our team provides empathetic yet forceful representation, ensuring you feel supported throughout the process.

The devastating consequences of truck brake failure accidents underscore the critical importance of having skilled legal representation to fight for your rights and secure the compensation you deserve. At Garces, Grabler & LeBrocq, our dedicated team of truck accident attorneys understands the immense physical, emotional, and financial toll these crashes can take on victims and their families. We treat all of our clients like family, and we’ll never be outworked in our pursuit of justice on your behalf, making every effort to maximize your recovery.

It is not enough to have representation after going through a truck accident due to brake failure — you need the right representation. If you or a loved one has been injured in a tractor-trailer accident caused by brake failure in the New Jersey area, don’t hesitate to reach out to GGL online or give us a call at 1-800-923-3456. With our experienced legal experts by your side, you can focus on your recovery while we handle the legal complexities of your case. Rest assured, we’ll fight tirelessly to secure the justice you deserve.

FAQs

In New Jersey, if you possess no-fault insurance coverage, you are generally required to settle through the no-fault system. That said, you can file a lawsuit against a negligent driver if the accident results in serious conditions such as the loss of a limb, significant scarring, a displaced fracture, severe disfigurement, the loss of a fetus, permanent injuries, or death.

Generally speaking, the statute of limitations for an accident in New Jersey is two years, but in certain situations, that timeline could be dramatically shortened. It’s always best practice to contact a lawyer as soon as you can after an accident so you don’t miss your window.

New Jersey law mandates that drivers maintain minimum liability insurance coverage. This includes $15,000 for bodily injury per person, $30,000 for bodily injury per accident, and $5,000 for property damage per accident.

If a car accident in New Jersey results in death, injury, or property damage exceeding $500, it is mandatory to report the accident to the appropriate authorities within 10 days.

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