Maintaining a large truck is essential to ensuring that the vehicle is in working condition sufficient to meet the needs of the driver, while also avoiding foreseeable harm to others sharing the road. Drivers who are familiar with maneuvering a commercial truck can nevertheless encounter braking ability issues that lead to a collision. Following a truck crash, an accident victim may pursue a personal injury claim for damages from all the at-fault parties, potentially including the truck driver’s employer. For over 35 years, Pleasanton truck accident lawyer Stephen M. Fuerch has assisted injured individuals and their families as they assert their right to monetary compensation. At the Law Offices of Stephen M. Fuerch, we are ready to aggressively pursue the damages to which you are legally entitled.Assert a Legal Claim After a Truck Accident Caused by Inadequate Braking Ability
Truck accident victims have a legal right to compensatory damages from any party that caused their harm. Negligence is a legal theory on which many plaintiff victims rely following a truck accident. The elements of negligence are duty, breach, causation, and damages. Regarding the duty of care, both a truck driver and their employer have an obligation to avoid causing foreseeable harm to others under the circumstances. This duty of care may be breached by a driver in a variety of ways. For example, a driver may fail to properly examine their vehicle before a trip, or they may overload their cargo, and they can be held liable for the resulting harm if they lose control of the truck and cause a crash in Pleasanton or the surrounding areas.
Also, truck drivers who exceed the speed limit may find themselves unable to properly slow or stop the vehicle. Other drivers get behind the wheel while fatigued or in violation of federal hours-of-service regulations, which seek to reduce the threat posed by exhausted drivers. Truck brakes can overheat, particularly when a driver overloads or improperly loads the vehicle. Additionally, an improper adjustment of the brakes can affect the axles that connect the trailer. A jackknifing accident can result, in which the trailer of the truck swings at an angle, striking cars. Evidence of a breached duty of care will be set forth by the plaintiff and their attorney.
When evaluating liability after a truck collision, it is important to understand that more than one party may have been responsible for causing the accident. For example, the driver’s employer also may be sued under various theories of liability, including vicarious liability, negligent supervision, or negligent hiring. Additionally, the employer or the driver may be liable for failing to maintain the truck, thereby increasing the potential for an accident due to faulty machinery or brake components.
After establishing legal fault for a truck accident, the victim sets forth their damages as the last step of their negligence claim. The goal of economic and non-economic damages is to compensate the victim, as though the accident had not occurred. In addition to recovering medical expenses, missed wages from work may be secured. Physical injuries resulting from a truck collision tend to be severe, and they can prevent a worker from returning to their former occupation. Costs for vocational retraining may be available. Non-economic harm in the form of emotional suffering may be harder to quantify, but it is also an important form of compensation.Consult an Experienced Pleasanton Lawyer for Assistance with Your Legal Case
Accidents caused by a truck’s inadequate braking ability often result in serious harm. Injury lawyer Stephen M. Fuerch understands that recovering full compensation, including future expected damages, is critical in a personal injury claim. Whether you reside in Pleasanton, Hayward, Walnut Creek, Fremont, San Ramon, Dublin, or elsewhere in Alameda or Contra Costa County, the Law Offices of Stephen M. Fuerch is ready to assist in your recovery of compensatory damages. To set up a free case evaluation, call (925) 463-1073 or reach us online.