August 25, 2019

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Who is Liable for Truck Accidents Caused by Tire or Brake Failure?

Many trucking accidents occur as a result of mechanical failures. The most common mechanical failures that cause accidents in trucks are defective tires and brakes. According to the Department of Transportation (DOT), slightly over 29% of truck accidents result from brake or tire issues.

Who is to blame?

If you or another person you know has been injured as a result of a truck accident, it is vital to get in touch with an attorney as soon as possible. Obtaining compensation as a result of a truck accident can be complex without legal counsel. If you plan to make a claim for injuries or damages, be sure to determine who the guilty party is.

In many truck vs. car accidents, the truck driver is at fault. However, in some cases, accidents occur as a result of mechanical failure of brakes or tires. In such cases, there are four parties that can be held liable for the car accident:

  1. The truck driver
  2. The person responsible for the upkeep and maintenance of the brakes (Truck drivers/owners or companies may have acted – or failed to act – in a way that caused the brakes or tires to fail e.g. failing to maintain parts or deliberately unhooking brakes.)
  3. The company responsible for the manufacture of the faulty part (Federal safety regulations apply to various components of vehicles including braking systems and tires. If any component doesn’t meet these federal standards, it is possible to file a claim against the manufacturer for injuries suffered in accidents resulting from the failure of that part.)
  4. The party responsible for the loading of the truck (Loading a truck properly is vital for safety in transporting items. If items are loaded unevenly, the tires or brakes may fail and the truck may overturn causing injury.)

Filing a claim

If you decide to file a claim for injuries or damages resulting from a truck accident, it is important to seek the assistance of an experienced lawyer. Not only is it difficult to prove liability in a trucking accident, but trucking companies and their insurers can be counted on to put legal and investigative teams on your case to try to reduce or eliminate their potential payouts. An experienced attorney has the knowledge, skills and resources to help you determine fault, file your claim, and fight the corporate legal teams arrayed against you.

It is important to remember that multiple parties can be held liable in these cases. You can file a claim against more than one party if you can successfully prove negligence. An experienced truck accident attorney will help guide you on the best approach for your case. Your attorney will improve your chances of obtaining just compensation for your injuries and damages.

 

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