Liability for Braking Defects Causing 18 Wheeler Wrecks in Queens, New York
Large commercial vehicles like 18 wheelers have a lot of momentum. It takes a great deal of force from the braking system to stop this momentum. This is one reason why large box trucks and tractor trailers have a completely different type of braking system than other passenger vehicles Trucks use an air braking system which is strong, but limited in the length of time it can be applied before the system resets. This system is necessary, however, as it would take a lot of brake discs to stop 18 wheels—not to mention how heavy the trailer would become which would only make it more dangerous. While air brakes work better for such large trucks, braking defecting causing 18 wheeler wrecks in Queens is still a huge problem.
And it can be a catastrophic or tragic problem. Our experienced Queens trucking accident lawyers at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. know that braking defects causing 18 wheeler wrecks in Queens, New York City, Long Island, or anywhere else in New York could have disastrous results. Victims and their families could be wrongful killed by a truck without brakes which becomes a battering ram. If you or a loved one were seriously injured in a motor vehicle accident involving a large commercial vehicle like an 18 wheeler, semi tractor trailer, box truck, or other big rig, ask for a FREE consultation to learn how we can help protect your rights to compensation.
FMCSA Regulations Regarding Brake Inspections
The most important aspects of a motor vehicle are going, turning, and stopping. This is why federal regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) require trucking companies and truck drivers to carefully inspect their wheels, steering columns, and brakes. These inspections are constant and must be performed every time a truck driver starts his or her truck up again to start a shift or after a brake.
This is regulatory and required under 49 CFR section 392.7, which provides under subsection (a) that “[n]o commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed: [including] Service brakes, including trailer brake connections . . . [and] Parking (hand) brake.”
Liability for Violating a Regulation
When a commercial vehicle driver such as a tractor trailer operator violates this regulation, it could result in serious personal injuries or the wrongful death of an innocent person. Truck drivers are required to constantly test and inspect their vehicles. When they fail to do so, it can result in serious liability and the wrongful death of innocent people. The violation of a regulation is usually evidence of negligence under the doctrine of negligence per se, meaning that a victim of a braking defect could show the violation resulting in injuries was evidence (or suggests) careless, reckless, or unreasonable conduct by a truck driver.
Injured in a Queens Trucking Accident Due to a Braking Defect? We Can Help
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , we know how devastating any trucking accident can be. This is particularly true of a trucking accident caused by a runaway tractor trailer with no brakes. If you or a loved one have been seriously injured in a Queens trucking accident, ask our experienced trucking accident lawyers for a FREE consultation to learn what your rights to compensation may be by calling 800-247-8164, or use our convenient and easy-to-use contact us box available here.