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Who Is Responsible When Brake Failure Causes A Semi Truck Accident

Truck Accident Attorney in Lodi, New Jersey | Call (973) 279-7246

Any type of motor vehicle accident can be traumatizing for the people involved. Truck accidents, in particular, are often the fault of mechanical difficulties rather than negligence on the road. In fact, a recent study found that nearly 30 percent of truck accidents involved a brake-related issue, such as brake failure. If you’ve been involved in a large truck crash, read on for more information about who is at fault and when to contact a truck accident lawyer.

Finding Fault After A Brake Failure

After a truck accident involving defective brakes, there are many places that might receive blame. These include the driver, the truck loading company, whoever’s responsible for maintaining the truck’s brakes, and the brake manufacturer. Often after a trucking accident, these parties will be at odds over who is to blame. Let’s overview why each one might be at fault in a truck accident.

The Brake Manufacturer

The brake manufacturer must follow strict regulations by the federal government in regards to truck braking system safety. These include that the brakes must develop a certain force that based on a portion of the truck’s weight, the ability to decelerate to a stop from 20 mph, and the brakes must meet the requirements for the automatic brake adjustment system. You may have a claim against the brake manufacturer if the brakes were found to not be up to these standards. Not meeting standards would likely be the result of either improper design or a defect caused during the manufacturing process.

If your particular brakes have been recalled, you may have strong evidence against the manufacturer, and the truck owner if they were contacted about the recall and did not fix the issue.

Drivers and Trucking Companies

Drivers and trucking companies may be found at fault if negligence or action on the driver’s part causes the brakes to fail. For example, some owner-operators deliberately depower the front brakes to save on wear and replacement costs. Truck drivers are also required by law to perform daily inspection reports before embarking on trucking trips, checking on things such as checking for loose components in the braking system or listening for leaks in the brake chamber. They also may be at fault if it’s found that the truck was improperly loaded. A qualified truck accident lawyer will be able to help determine if the driver was at fault.

Where To Find Help

Oftentimes, truck accidents are complicated issues involving multiple parties, creating a lot of nuance that’s difficult to navigate when making a claim. Especially if brake failure is involved, it can be tricky to pinpoint who exactly was at fault during a truck accident. The right attorney will have the industry know-how to help you get the settlement you deserve. Contact Peter N. Davis Law if you’re located in and around Paterson, New Jersey. We’ve helped our clients receive over $150 million in settlements.

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Google Google Reviews 4.9 (817 reviews)
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I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.

Rich Rodriguez 7 months ago
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I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.

All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.

If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.

valeria rodriguez 3 months ago
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Unfortunately, our experience with this law firm was extremely disappointing and very different from the impression we initially had after seeing so many positive Google reviews and such a high rating.

We contacted this firm because my wife was involved in a car accident, and we were hoping to find a reliable, professional, and compassionate legal team that could guide us during a very stressful and difficult situation. We completely understand that not every law firm can accept every case, and we would have respected a decision not to represent us. The problem was not simply that the case was not taken — it was the way the entire situation was handled.

My wife spoke with a legal assistant named Ms. España, and the conversation left her feeling scared, uncomfortable, and even more distressed than she already was because of the accident. In our experience, the communication was unnecessarily harsh, aggressive, and lacking empathy. Instead of calmly explaining why the firm could not proceed, giving professional guidance, or suggesting possible next steps, the conversation made my wife feel as though she had done something seriously wrong.

At one point, the way certain issues were presented made her feel almost as if she felt treated in a very bad way Whether that was the intention or not, that is how the conversation came across to her, and I believe professionals working with accident victims should be very careful about how they communicate serious legal concerns.

People contacting a personal injury law firm are often already dealing with physical injuries, emotional stress, financial uncertainty, insurance problems, transportation issues, and fear about what will happen next. A legal assistant is often one of the first people a potential client speaks with, and that person should understand how important professionalism, patience, empathy, and respectful communication are.

What made this experience even worse is that we were specifically told that a release/disengagement letter as well as the digital copy of the file would be sent regarding the case. That letter never arrived as promised.

This has become a serious problem because other attorneys we have contacted have indicated that they need confirmation that the previous firm is no longer representing or involved in the matter before they can properly move forward with reviewing or handling the case. Because we still have not received the promised documentation, we feel that our ability to move forward and obtain new representation has been unnecessarily complicated and delayed.

When a law firm tells a client that an important document will be provided, especially a document that may affect their ability to retain another attorney, that commitment should be taken seriously.

We were never expecting this firm to guarantee an outcome, accept a case they did not want, or tell us only what we wanted to hear. We simply expected clear legal communication, professional treatment, basic compassion, and the documentation that was promised.

The most disappointing part is that we contacted this company specifically because its Google reviews created the impression that it was a highly reliable and professional organization. We truly believed we were reaching out to a firm that would treat accident victims with dignity and provide responsible guidance, even if they ultimately decided not to take the case.

Unfortunately, our personal experience did not reflect that expectation.

I sincerely hope management reviews how prospective clients are treated by intake staff and legal assistants, how sensitive legal information is communicated to people who are already under significant stress, and how disengagement or release documentation is handled when representation ends or a case is declined.

A law firm does not have to accept every case, but every person who contacts the firm deserves to be treated respectfully and professionally.

Based on our experience, better communication, more empathy, and stronger follow-through would have made a significant difference.

Orlando De la torre a month ago
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I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.

My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.

I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.

Dominique Johnson 4 months ago
Google

Thank you so much for your help.
I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
Thank you again
Angela Selby

Red Rose 4 months ago

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