November 9, 2018

 by Caruso Law Offices, P.C. | 

New Mexico Trucking Accident Caused When 18 Wheeler Brakes Failed: Understanding FMCSA Liability

One of the scariest fears that a motorist could face is a large 18 wheeler which loses its brakes. This nightmare scenario turns a large, heavy, and fast-moving big rig into an unguided missile which could cause catastrophic damage in whatever it connects with. Unfortunately, 18 wheelers with brake failures are not as uncommon as you may hope. They do occur and cause serious personal injuries or wrongful death of any occupants in a vehicle that may be unfortunate enough to be involved in the collision. Usually this collision is a rear end collision at nearly full speed. These types of New Mexico trucking accidents are very serious.

Our Albuquerque trucking accident lawyer knows that victims of an 18 wheeler crash caused by a big rig that have a brake failure will be seriously injured or could be wrongfully killed. This is why the Federal Motor Carrier Safety Administration (FMCSA) has enacted certain regulations which are aimed at protecting other motorists on the roadways by regulating brakes and braking systems. Thus, if you have been seriously injured in a New Mexico trucking accident, please call the NM Truck Accident Attorneys to learn what your rights to compensation may be under the FMCSA by dialing (505) 355-2969 for a FREE consultation.

FMCSA Regulations Regarding Brakes and Braking Systems on Large Big Rigs

There are many sections of the FMCSA which govern equipment, particularly brakes. Violations of these sections can be used to establish liability against a truck driver and trucking company. Subpart C of Part 393 governs brakes, and prescribes many different types of brakes, braking systems, and other equipment which must be properly installed, how they work, and their performance. Under 49 CFR section 393.48, a commercial vehicle such as an 18 wheeler must have brakes which are operative at the time of use. What constitutes operative brakes are certain guidelines for stopping power under 49 CFR section 393.52 which governs brake performance.

Not only will the fault of a defective big rig and its brakes be the problem of the trucking company, but the truck driver himself or herself is also deputized to ensure that the brakes are properly working. Under 49 CFR section 392.7 (a), “[n]o commercial motor vehicle shall be driver 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 the use of brakes.

Using Violations of the FMCSA to Protect Your Rights to Compensation

If a large commercial truck’s brakes failed and caused a serious or deadly New Mexico trucking accident, you can use the violation of a FMCSA regulation as evidence of negligence against the trucking company and the truck driver. This can allow a victim to have a very serious advantage against the defendant, which will allow you a great opportunity to fight back when trucking companies cut corners and truck drivers fail to inspect and repair their brakes.

When you have been seriously injured or a loved one wrongfully killed due to a New Mexico 18 wheeler wreck caused by failing brakes, please call our experienced Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys to learn how we can help you today. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Santa Fe, Roswell, or anywhere else. Call the NM Truck Accident Attorneys by dialing (505) 308-1556 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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