Large commercial trucks are constructed with thousands of complex mechanical components, all of which must be functioning properly in order for the vehicle to operate safely in traffic. When a critical component—like the brake—fails, the consequences are often catastrophic.
Thankfully, the victims in such scenarios are usually entitled to compensation for their resulting damages. If you were seriously hurt in a truck accident caused by brake failure, here’s what you should know about taking legal action:
1. Who Might Be Liable for a Truck Accident Caused by Brake Failure?
When a big rig’s brakes fail and a collision results, there are several parties that could be deemed responsible. Potentially at-fault parties include:
- The trucker (or the motor carrier that employed him or her);
- The fleet’s maintenance contractor;
- The brake manufacturer; and
- The cargo loading crew.
A seasoned truck accident attorney will have the resources to identify all liable parties and determine the role that each played in the wreck so you can pursue the maximum payout possible.
2. What Kinds of Evidence Will I Need to Obtain to Build a Strong Truck Accident Claim?
Every successful personal injury claim includes evidence of liability, causation, and damages. When it comes to cases involving truck accidents caused by brake failure, the most valuable proof typically includes some combination of the following:
- The official police report;
- The motor carrier’s maintenance records;
- The vehicle’s schematics;
- The brakes in question;
- Recall data;
- Statements from auto parts specialists;
- Medical records;
- Personal injury journal entries;
- Pay stubs; and
- Receipts for injury-related expenses.
3. How Can I Contribute to the Strength of My Truck Accident Claim?
If you sustained serious injuries, there’s undoubtedly a lot at stake for both you and your loved ones. As such, it’s natural to want to build the strongest case possible.
While there’s no surefire way to guarantee a six- or seven-figure recovery, there are steps you can take to give your claim the best chance of success. Such steps include:
- Seeking Prompt Medical Care: Visiting a doctor right away—and following his or her orders over the course of your recovery—will demonstrate a commitment to mitigating damages.
- Staying off Social Media: Since the insurer will likely monitor your online presence, it’s best to avoid posting anything as long as your case is pending so you don’t give them cause to challenge your credibility.
- Not Providing a Recorded Statement: Discussing your injuries prior to reaching maximum medical improvement could make it virtually impossible to recover a payout for all associated damages because it will essentially “lock in” your losses prematurely.
Call (248) 385-5704 for a Free Consultation with a Detroit Truck Accident Lawyer
At Seva Law Firm, we understand the physical, emotional, and financial toll that unanticipated injuries can take on the whole family. If you were hurt in a truck accident caused by brake failure, we’ll conduct a thorough investigation into the incident to gather the evidence needed to prove liability and damages against all responsible parties. Call (248) 385-5704 or fill out our Contact Form to schedule a free consultation with a truck accident attorney in Detroit.