Braking Ability of Large Trucks
There are many ways that large trucks may pose a danger to motorists, pedestrians, and bicyclists. As a result of their massive size and weight, any failure or negligence on the part of the driver can have a catastrophic impact on people in the vicinity. One of the most common types of problems to occur is a braking ability accident. If a truck driver or trucking company does not maintain a truck’s brakes in good working condition, the brakes may fail while the vehicle is in operation. In other cases, a truck driver may not have received adequate training on how to effectively stop these vehicles. If a driver does not know how to stop the truck safely in a variety of situations, including emergencies, serious injuries can result. At the Knie & Shealy Law Offices, experienced Greenville and Spartanburg truck accident attorney Patrick E. Knie has helped many South Carolina residents bring a personal injury claim against a negligent trucking company or truck driver. We can offer advice on your legal options.Holding a Truck Driver or Trucking Company Accountable for Inadequate Braking Ability
Truck drivers and trucking companies are required to exercise a certain level of care in the maintenance and operation of their vehicles. Trucking companies must make sure to hire drivers who have good driving records and who have complied with applicable training and education requirements. Truck drivers must refrain from driving while intoxicated, perform routine inspections of their trucks while on the road, and drive with the same reasonable care and skill that a prudent truck driver would use in a similar situation. Also, there is a wide variety of state and federal regulations that apply to the trucking industry, including requirements regarding the weight and length of the vehicles, how fast they can drive, and the number of hours a driver can operate a truck before he or she must take a rest. If the plaintiff can prove that one of these laws or regulations was breached at the time of the crash, this would suggest that the defendant acted negligently.
After showing that the trucking company or truck driver was negligent, you must establish a connection between this breach and the damages that you sustained. This is often a question of whether the accident was a foreseeable result of the defendant’s actions. Depending on the situation, the defense may seek to establish that the plaintiff’s negligence was a factor in causing the accident. Under South Carolina law, if the plaintiff’s negligence exceeds the defendant’s negligence, the plaintiff will be barred from recovery. However, if the plaintiff was negligent but not more so than the defendant, damages still may be awarded. It is important to enlist a knowledgeable personal injury lawyer who can craft a persuasive strategy in fighting back against any allegations of your own negligence.Contact a Dedicated Truck Accident Attorney in Greenville or Spartanburg
At the Knie & Shealy Law Offices, we treat each of our clients with the personal attention and compassion that they deserve at this difficult time in their lives. Spartanburg and Greenville truck accident lawyer Patrick E. Knie can assist you with each step of the process, including investigating your claim, negotiating with insurance companies, and pursuing compensation in court if needed. We proudly serve accident victims throughout South Carolina, including in Laurens, Union, Cherokee, Greenville, and Spartanburg Counties. Call us at (864) 582-5118 or contact us online to set up a free consultation to discuss your case with a motor vehicle collision attorney.