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Albuquerque Truck Accidents Caused by Braking Ability

Albuquerque Truck Accidents Caused by Braking Ability

Albuquerque Truck Accident Representation

When a truck fails to brake in time, the result is often a disastrous crash with serious or fatal injuries. The Albuquerque truck accident lawyers at Parnall Law Firm, LLC can provide the legal representation you need if you were hurt in a truck crash. Our attorneys have represented injury victims since 1997. We are skilled litigators with a deep understanding of the complex laws that apply in truck accident cases. We will steadfastly pursue your right to just compensation for your injuries. If you were injured in a truck accident, contact us today to discuss your case.

Truck Braking Ability

A truck’s braking ability can be the difference between avoiding and causing a major truck accident. Because of their size, trucks require much longer stopping distances than cars. For example, a 4,000-pound car traveling at 65 miles per hour needs 316 feet to stop, but an 80,000-pound truck traveling at the same speed will need 525 feet. This illustrates just how important it is for a truck to be able to brake in time to avoid a crash.

A number of factors can impact a truck’s braking ability, including:

  • Inadequate or lack of brake maintenance.
  • Failure to properly inspect the brakes for signs of damage and wear.
  • Overloading the vehicle, which can put pressure on the brakes and cause overheating.
  • Improper braking techniques due to insufficient truck driver training.

Several regulations are in place to ensure that a truck’s braking system is working properly, and that the driver behind the wheel knows how to apply those brakes.

Liability for Truck Braking Accidents

If you were involved in a truck accident, the truck’s braking ability may have caused or contributed to the crash. You can hold various parties accountable for a truck’s failure to brake in time. A potential defendant in your case could include the truck driver, the trucking company, or both.

Federal regulations require trucking companies to equip their vehicles with braking systems that can stop and hold the vehicle. They must meet specific requirements for service, emergency, and parking brakes. Trucking companies must also regularly inspect, maintain, and repair the brakes on all their vehicles.

Truck drivers are also required by law to inspect their truck at the end of each day and report any defects. In addition, drivers must receive proper training on how to apply the proper braking technique on their trucks.

You may be able to hold a truck driver or trucking company liable under a claim of negligence. You would have to show that the defendant had a duty to exercise reasonable care; breached that duty (by failing to repair the brakes, for example); and caused your injuries as a result.

New Mexico has a three-year statute of limitations on personal injury claims. If you act quickly, you can preserve not only your right to file a claim, but potentially crucial evidence that can help establish liability.

Spoliation of Evidence

Truck accidents require a thorough investigation to determine who may be liable. A truck company’s records can be crucial in establishing liability. Evidence, however, may disappear in the wake of a crash. It is important to act quickly after a truck accident to avoid any spoliation of evidence. Spoliation occurs when evidence in an existing or potential lawsuit is intentionally destroyed or altered. An experienced truck accident attorney can act promptly to avoid the loss of critical evidence, such as the truck driver’s vehicle inspection reports or even the truck itself.

What You May Recover for Your Injuries

If you can establish liability in your truck accident case, you may recover damages from those who caused you harm. Recoverable damages include compensation for your medical expenses, lost wages, property damage, and pain and suffering. You may be able to recover damages for your relative’s wrongful death, such as your loved one’s funeral and burial expenses, medical bills, and pain and suffering.

Standing Up for Your Right to Compensation

The Albuquerque personal injury attorneys at Parnall Law Firm, LLC are seasoned litigators with extensive experience in truck accident cases. Our lawyers can evaluate your case and discuss your options under the law. If we mutually decide to move forward with your case, we will work quickly to gather evidence, interview witnesses, and consult with experts. We will aggressively pursue a fair settlement or take your case to trial if necessary. Call us today at 505-268-6500, or contact us online to schedule your free consultation.