A Filter for the Best Information on the Web

Truck Accident due to Mechanical Failure

Due to the huge size and large carrying capacity of semi-trailers or big rigs, all those who wish to operate, and keep on operating, this type of vehicle will need to prove that they possess the required skills, as well as pass all the tests required by the Federal Motor Carrier Safety Administration (FMCSA). Trucking companies should also meet the safety standards and operating rules implemented and enforced by state and federal agencies.

Many truck accidents, including fatal ones, are the fault of truck drivers who: operate their vehicle while sleepy or fatigued, impaired by alcohol; never check for the possible presence of smaller vehicles, especially on their no-zone or blind areas; neglect or fail to inform their companies about a defect in the specific truck that they operate; fail to use warning lights when their truck breaks down or when pulling on the side of the road; or fail to make the proper truck stops or override the brakes.

There are times too when fault may be traced to the trucking company due to its failure to comply with federal trucking regulations, like testing truck equipment or conducting the regular maintenance to make sure the rigs safe or which dispatches trucks despite existing mechanical problems.

While any truck part or component can break down or become defective, there are certain parts that fail more often than others, such as brakes, lights, tires and mirrors. Two things are true about defective truck parts: these can cause accidents resulting to serious injuries or fatalities; and, establishing fault can be difficult since it would require proper and exhaustive investigation in order to prove that the problem was actually a particular truck part and not the driver, who may just be lacking sleep.

According to a personal injury attorney in Indianapolis, if a trucking accident occurs because of mechanical defects or malfunctions, the manufacturers, instead of the truck driver, can be held liable for any injuries or accidents resulting from their faulty products. Manufacturers who produce and releases defective or faulty products are vulnerable to product liability claims, and most often, to strict liability claims.

Strict liability claims focus on the products themselves, rather than on the behavior of the manufacturer (such as in a negligence claim). With strict liability claims, a manufacturer is held responsible for a defective or malfunctioning product regardless of how he or she acted. Thus, even though a manufacturer does not display any sign of negligence, he/she can still be held liable for any and all defects. In certain situations, claims can also be brought against wholesalers, distributors, suppliers, and retailers as well.

Getting injured in a truck accident can very well change the future life of a victim and his/her family. There are a lot more at stake than just physical injuries and pains. Getting the services of a seasoned personal injury lawyer immediately after an accident may just be a move a victim needs to make for the possible legal action he/she will need to pursue for the sake of himself/herself and his/her family.

Leave a Reply

Your email address will not be published. Required fields are marked *