Understanding Liability in an 18 Wheeler Brake Failure Accident in New Mexico
Commercial trucking accidents occur for many reasons, with many of the reasons being preventable. Commercial trucking accidents can be catastrophic, leaving victims severely injured or even dead. One factor that can lead to a trucking accident is brake failure. Brake failure is something that in some cases can be entirely prevented, and accidents due to brake failure are often catastrophic. This is because when brake failure occurs, the driver often loses control of the truck which often leads to the truck crashing into other vehicles. This is why if you or your loved one was injured or killed in a commercial trucking accident due to brake failure, you should contact our 18 wheeler accident lawyers today who can help you by recovering the maximum amount of compensation you are eligible for after an 18 wheeler brake failure accident in New Mexico.
Here at the Caruso Law Offices, P.C., our New Mexico auto accident lawyers handle catastrophic motor vehicle accident cases including 18 wheeler wrecks and crashes. Although negligence is one most common causes of a motor vehicle accident, an 18 wheeler brake failure accident in New Mexico is another common cause which is frequently also due to negligence. That negligence is both by the truck driver, trucking company, maintenance company, manufacturer, or another individual or business that is liable for the upkeep of a commercial tractor trailer. If you were involved in a trucking accident caused by a mechanical failure, call our experienced auto accident lawyer in New Mexico.
What Causes Commercial Truck Brake Failure?
There are many reasons for brake failure on a commercial truck, with the majority of them being due to preventable causes. The most common causes of commercial truck brake failure include the following:
- Overloading of cargo
- Manufacture defect of the brakes
- Failure to inspect the brakes at appropriate intervals
- Failure to repair and maintain the brake system per guidelines
- Driver distractions
- Inappropriately maintaining the brakes, such as using brake pads that are too thin or using grease or oil to cover the brakes
- Other causes of commercial truck brake failure
Who is Liable for a Trucking Accident Due to Brake Failure?
It can be complicated to determine who is truly liable for brake failure, which is why it is wise to work with an experienced commercial trucking accident lawyer. While you may automatically assume it is the driver who is liable, it is not always the case. Sometimes, the commercial trucking company is liable or partially liable, or a manufacturer may be liable if there was a manufacturer’s defect.
Lack of truck driver training can play a part in a commercial trucking accident involving brake failure. If this is the case, the commercial trucking company is partially at fault as well as the driver. Liability is not always straightforward, which is why you should work with a lawyer who specializes in commercial trucking accident.
Damages for Victims of Commercial Trucking Accidents Due to Brake Failure
If you or your loved one was hurt or injured in a commercial trucking accident due to brake failure, you may be eligible for damages. Damages are typically monetary in nature, with the purpose of damages being to help recover any financial losses sustained now and in the future for any damages from the accident. The most common damages for a commercial trucking accident victim include the following:
- Physical pain and suffering
- Emotional pain and suffering
- Scarring and disfigurement
- Medical bills
- Home or vehicle modifications
- Assistive device coverage
- Home nursing or rehabilitation coverage
- Funeral and burial expenses (if applicable)
Injured in an 18 Wheeler Brake Failure Accident in New Mexico? Call Our New Mexico Auto Accident Lawyers for Help
If you or a loved one were seriously injured in any type of trucking accident in New Mexico or California, especially due to a mechanical defect such as an 18 wheeler brake failure accident in New Mexico, call the Caruso Law Offices, P.C. to learn how we can help you and your family recover compensation under the law. We offer FREE consultations and case evaluations, so please call (505) 883-5000 to schedule a FREE consultation with our lawyers.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. We also have a second trucking accident office in California, serving those in Inland Empire County and San Bernardino County, as well as those who have been catastrophically injured or wrongfully killed through California. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.