In Texas, many drivers of passenger cars drive alongside commercial vehicles daily. A big rig can weigh up to 80,000 pounds, and it takes significantly more force and time to stop a truck than a passenger car. This means that it is very important for a big rig’s braking system to be in good shape while it is out on the road. If you are hurt near Dallas because a driver's braking ability is impaired, the truck accident attorneys at Feizy Law Office may be able to assist you with pursuing compensation. Commercial vehicles are heavily regulated at both the federal and state levels, and parts of these regulations include requirements related to braking.Braking Ability and Negligence in Texas
Even with good, functional brakes, it takes about one-third longer for a big rig to come to a complete stop than it takes a typical passenger car to stop. If the truck's braking system is impaired, and the driver is unaware of the impairment, the size and weight of the large vehicle going at high speeds can result in multiple catastrophic injuries for people in nearby passenger cars. Therefore, it is important for commercial drivers to maintain a safe distance between the truck and a vehicle in front of it.
If you are hurt in a truck accident in which the driver claims he or she did not have time to stop, you may be able to bring a negligence lawsuit. You would have to show the driver owed you a duty of care, the driver breached the duty by failing to brake appropriately, the inadequate braking led directly to the crash, and you were forced to incur quantifiable damages. In some cases, you can also sue the trucking company that entrusted the driver with the vehicle for negligent hire or negligent entrustment.
Alternatively, you may be able to sue the company for vicarious liability if the driver was on the job when the accident happened. If a trucker or trucking company fails to properly maintain a vehicle such that its brakes are functioning, this may be a breach of their duties of care.
In general, most trucks do not have braking systems that are in poor condition. However, it is still important to secure an expert to take a look at whether the truck's brakes were properly operating at the time of the accident, particularly if a truck rear-ends another truck or the driver claims he was unable to stop in time to avoid hitting the victim’s vehicle. In some cases, an overloaded or improperly loaded truck may have problems with its braking systems that it would not have had if it had been loaded only to the correct weight. Federal and state regulations also control the proper weight and loading procedures of trucks, so a violation of these also can be evidence of a breach.
Often, a truck company's insurance company and attorneys will try to put a vehicle back in service as quickly as possible, before an accident victim has a chance to know the full scope of his or her damages. It is critical to secure an experienced attorney who understands he or she must collect evidence from the truck immediately after an accident.Consult an Irving Attorney for Your Motor Vehicle Collision Claim
If you have been involved in an Irving truck accident due to impaired braking ability, you can contact the motor vehicle collision lawyers at Feizy Law Office. We have experience suing commercial drivers and trucking companies. Call us at (214) 651-8686 or complete our online form to arrange a free consultation. We represent truck accident victims in cities throughout the Dallas region, including Arlington, Fort Worth, Plano, and Garland.