Truck Equipment/System Failure
Seek Counsel from a Tampa Truck Accident Attorney
State and federal trucking regulations set forth specific standards by which truck drivers and trucking companies must operate. These regulations apply to a number of issues, one of which is proper truck inspection, maintenance and repair. If a driver or company is careless or negligent in maintaining an 18-wheeler, its equipment or systems may fail and serious truck accidents may occur.
If you were injured in an accident involving a large truck, it is possible that equipment failure could be to blame. A Tampa truck accident attorney can work with investigators and experts in accident reconstruction and various fields to determine the true cause of your accident and what role, if any, negligent truck maintenance may have played in the collision. We can also consider whether a truck part malfunctioned as the result of a manufacturing or design defect.
At Givens Givens Sparks, truck accident claims and lawsuits are an important part of our personal injury practice. We believe in the tireless pursuit of justice for the injured so they have the best possible opportunity to move on with and rebuild their lives – even after sustaining catastrophic injuries or losses. For insight on our approach and how we may be able to help you, please call for a free consultation. You can also continue reading to learn more about defective and poorly maintained trucks.
Poor Truck Maintenance
Routine inspections are a necessary part of truck safety. Large trucks, with their heavy loads, place a considerable amount of strain on systems and equipment, making regular inspections of brakes, fuel levels, steering, suspension, tires and other systems of the utmost importance. Drivers and trucking companies who do not properly inspect and then repair or replace truck parts may be responsible for causing accidents that leave others seriously or even fatally injured, because these truck parts may fail.
Some truck parts that may fail due to insufficient inspection and repair may include:
- Hydraulic brakes
- Air brakes
- Parking brakes
- Headlights, turn signals and taillights
- Other lighting devices and reflectors
- Trailer brake connections
- Steering systems
- Windshield wipers
- Coupling devices that connect cabs and trailers
Reviewing truck inspection and repair logs, conducting an independent analysis of truck parts, and analyzing the truck's on-board computer as well as other maintenance and driving records can help our team determine whether a truck was inspected and maintained in compliance with trucking regulations. If negligent maintenance was to blame, we will consider how to proceed with a case against the at-fault party.
Defective or Dangerous Truck Parts
If a commercial truck and its parts are improperly designed or manufactured, they may cause accidents due to no fault of the driver or trucking company. In these instances, the manufacturer, distributor or dealer may be liable, though this will vary depending on the type of defect and whether the part has been subject to a safety alert or recall.
Truck manufacturers have a legal obligation to produce products free from defects, properly marketed and that include accurate warning labels and instructions for use. If they violate this obligation, even unintentionally, they may be held accountable. Product liability cases of this kind are handled on a strict liability basis, meaning the injured party need not prove specific fault or wrongdoing to recover compensation. As long as the defect was present and caused the victim's injuries, that should be sufficient to prove the manufacturer's liability.
Because every case is different, it is important to talk to a legal professional about your particular situation and options. Contact a Tampa truck accident lawyer at our firm today for insight from our knowledgeable team.
The process of filing a claim or lawsuit can be complex, and insurance companies often deny certain types of valid claims or offer a low settlement in the hopes that you will accept it. Fortunately, our firm never relents until you receive a fair settlement or verdict. How do you know what amount is fair?
That is where our team of lawyers can help. There are many types of damages that are possible in any injury case, and evaluating your case before moving forward is a key factor in the amount of the settlement you will receive. We are well versed in all aspects of personal injury law and know how to present your case in a way that brings about the optimum results.