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Braking Ability
Dedicated Truck Accident Attorneys for Victims Near Cape Cod
At the Law Offices of John C. Manoog III, our truck accident lawyers assist individuals in Cape Cod and the surrounding area who have been hurt by the negligence of others. Since 1994, we have helped thousands of clients pursue the legal remedies they deserve by taking a comprehensive and personalized approach to their cases. We are respected attorneys who understand the intricacies of personal injury law, and we will take the time to understand your goals and make you aware of your rights and options.
Causes of Brake Failure
Trucks serve an important commercial purpose in the state and national economies, but they also present a significant danger to others. Eighteen-wheelers and other large vehicles can be hard to control and difficult to stop, even when they are handled by an experienced driver. This is particularly true when a trucking company fails to perform timely inspections and maintenance on the vehicle. Among other problems, poor upkeep can decrease a truck’s braking ability. Brake failures may also be caused by tire blowouts, overheating, oil leaks, and problems with air gauges. These vehicles need more room to come to a complete stop than others, even when they are in perfect shape. Lessened breaking ability simply makes trucks a more significant hazard to others on the road.
Assert Your Right to Compensation
If a trucking company fails to properly inspect and maintain its vehicle, it is likely to be found negligent for any accidents that result from its faulty brakes and other flaws. In order to prove negligence, the victim of a crash needs to establish that the defendant had a duty of reasonable care, failed to take the precautions required by this duty, and caused him or her to suffer an injury and actual damages as a result.
Trucking companies are generally considered to owe motorists and others on the road a duty to keep their vehicles in reasonably safe condition and to ensure that their drivers operate big rigs with a certain amount of caution. If they fail to do so, the entities are likely to be on the hook for any crashes that occur as a result of this careless conduct. There are also many federal and state regulations governing this industry. Failure to abide by one or more of them will make a victim’s claim for compensation stronger.
It is important to note that Massachusetts operates under a modified comparative fault system. That means that a person injured in an accident involving a truck with faulty brakes can still sue for negligence, even if he or she is partly responsible for it. As long as the victim is found to be less than 50 percent at fault, he or she can pursue damages for medical expenses, missed wages, pain and suffering, and other forms of compensation on a proportionate basis. A speeding car driver found to be 35 percent responsible for an accident with a truck, for instance, can still seek up to 65 percent of his or her costs from any defendant held liable.
Discuss Your Tractor-Trailer Crash Claim with a Massachusetts Lawyer
At the Law Offices of John C. Manoog, we have more than 146 years of combined legal experience helping individuals hurt in motor vehicle collisions. We understand how judges and juries often view these matters, and we work tirelessly to build the strongest possible claims for the people whom we represent. Take a look at our recent settlements to see what we have achieved for Massachusetts accident victims. Our tractor-trailer crash attorneys offer free consultations from our offices, conveniently located in Hyannis and Plymouth. We are also happy to travel to you if you cannot make it to us. We charge no fee in many cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.