When you have been the victim of a truck accident, one of the emotions you may be feeling is anger. This is a completely valid emotion to feel. After all, when a large truck comes barrelling into your car, you know that you are incredibly fortunate if you’re able to walk away at all. However, it is important to not express that anger against the driver of the truck when you are at the scene of the accident for a few reasons. First, yelling at the truck driver can only hurt your accident claim when it is time to file with the insurance company. Second, it is possible that the truck driver is actually not responsible for your accident. How can this be?
What To Do When The Driver Claims It Was Brake Failure
One cause of truck accidents is brake failure. This unfortunate scenario can cause the truck driver to have a difficult time coming to a stop even if they apply appropriate pressure to the brakes. Large trucks already have a difficult time when it comes to slowing down and coming to a stop. They need to be constantly observing the road, other drivers, and what kinds of stoplights or stop signs there are ahead of time so that they do not slam on the brakes.
When the truck driver is claiming that the brakes failed them, you should speak with a lawyer, according to a truck accident lawyer from a law office like MartinWren, P.C. Your lawyer can investigate this claim to determine if the trucking company is the one who was responsible for the accident by allowing the truck driver to work in a truck that was not properly maintained. On the other hand, the company that manufactured the truck parts–such as the brakes–may be the responsible party if there was a manufacturing defect with the brakes. In either scenario, your lawyer may find the evidence is pointing to the trucking company or the parts manufacturer instead of the truck driver.
What if the brakes were working fine?
When your lawyer goes to investigate your claim, they will want someone to examine the truck to see if the brakes were truly malfunctioning or not working properly. If they appear to be in good working order, then the truck driver may not have applied the brakes correctly and might be the one who is responsible for the accident. Your lawyer will need to show that the truck driver did not operate the vehicle using reasonable care.
It can be difficult when you are trying to fight for the compensation you deserve and you need to figure out who the liable party is. Your lawyer may try to file a claim with the trucking company because you would have a better chance of receiving a fair amount of compensation for the injuries you sustained.
When you are ready to move forward, reach out to a local law firm you can trust.