Some truck accidents are not the result of driver error but instead are caused by faulty equipment. Our attorneys at Horst Shewmaker understand the catastrophic consequences that truck crashes have on victims and their families.
Commercial motor vehicles, such as tractor-trailers and other large trucks, require regular maintenance and properly functioning parts to operate safely. When equipment failures occur due to defects or poor maintenance, the results can be catastrophic, leading to severe injuries or even fatalities.
Our Alpharetta truck accident lawyers aggressively pursue maximum compensation for victims of truck accidents caused by defective equipment.
Common Types of Defective Commercial Truck Equipment
Many truck accidents are caused by defective or poorly maintained equipment. The sheer size and weight of commercial trucks mean that even minor defects can lead to catastrophic consequences on the road. Here are some defective parts that can lead to accidents.
Defective Tires
Tire blowouts are a common cause of truck accidents, especially when truck drivers or trucking companies fail to inspect or replace worn or damaged truck tires. Defective tires can cause a driver to lose control, leading to rollover accidents or collisions with other vehicles. Drivers pushing truck tires beyond their recommended lifespan can also increase the risk of a blowout.
Brake Failures
Brakes are critical for safely stopping large trucks, particularly on steep roads or in heavy traffic. Brake failures are one of the most cited vehicle failures in commercial truck accidents. Poor truck maintenance, improper installation, or defective brake components can lead to a truck crash when the driver cannot stop in time.
Improperly Secured Cargo
Intermodal equipment, such as containers and trailers, must be properly secured before transport. Defective tie-downs, improper loading techniques, or faulty locking mechanisms can cause cargo to shift or fall from the truck, leading to serious accidents.
Lighting and Electrical System Failures
Modern trucks rely on a complex system of electrical components, including warning lights, headlights, and tail lights, to ensure safe operation. Defective lights can reduce visibility, leading to rear-end collisions or other accidents, especially in low-light conditions.
Defective Steering or Suspension Systems
Steering and suspension systems are essential for controlling the vehicle. If these systems fail due to defective parts, the truck driver may lose control of the vehicle, leading to a crash.
In all of these cases, defective parts or maintenance issues can lead to a serious accident, causing injury to other drivers and passengers on the road. Regular maintenance and proper inspection of commercial truck equipment are critical to ensuring the safety of these large vehicles.
Who Can Be Liable for Truck Accidents Caused by Defective Equipment?
When a truck accident is caused by defective equipment, several parties may be held responsible. Determining liability can be complex, as multiple parties are often involved in maintaining, manufacturing, and operating the truck.
Trucking Company
The trucking company is responsible for vehicles being properly maintained and inspected regularly. Truck companies are required to comply with safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA), which include regular vehicle inspections and proper maintenance of equipment.
Suppose a trucking company fails to perform necessary maintenance or ignores warning signs of equipment failure. In that case, they may be held liable for accidents caused by poor truck maintenance or equipment failures.
Maintenance Company
In some cases, trucking companies may contract maintenance companies to handle the regular upkeep and repair of their commercial trucks. Maintenance companies are responsible for identifying potential issues and ensuring that all repairs are conducted properly.
If a maintenance company fails to catch or fix a problem with a truck’s equipment, and that failure leads to an accident, they can be held liable for the damages.
Truck or Parts Manufacturer
Truck manufacturers and parts manufacturers can also be held liable for accidents caused by defective equipment under product liability laws. If a defect in the design of the truck leads to equipment failure, the truck manufacturer may be responsible for the accident. If defective brake components or improperly designed tires lead to a truck accident, the equipment manufacturer can be held accountable.
Determining If Defective Parts Caused a Truck Crash
A truck accident lawyer will carefully investigate and gather evidence to determine that a defect or equipment failure was responsible for the crash. Attorneys may enlist specialists like accident reconstruction experts to help in the investigation.
- Inspecting the Accident Scene: After the accident, investigators will analyze the scene to look for evidence of equipment failure, such as skid marks, debris, or malfunctioning truck parts.
- Reviewing the Truck’s Maintenance Records: The truck’s maintenance records can provide critical insight into whether the truck was regularly inspected and if any repairs or replacements were needed but neglected.
- Examining the Defective Parts: If defective equipment is suspected, experts will examine the parts in question to determine if they were improperly manufactured, installed, or maintained. This process may involve working with engineers or product safety experts.
- Analyzing the Driver’s Role: In addition to equipment failure, truck driver negligence may have contributed to the crash. Investigators will review whether the truck driver was properly trained and whether the driver conducted necessary pre-trip inspections of the vehicle.
By gathering and analyzing this evidence, truck accident lawyers can build a strong case to prove that defective equipment caused the crash and hold the responsible parties accountable.
Compensation in a Truck Accident Case
Victims of truck accidents caused by defective equipment may be entitled to financial compensation for their injuries and other damages. Compensation in a truck accident case can include:
- Medical Expenses: Accident victims can recover compensation for all medical treatment related to the crash, including hospital stays, surgeries, rehabilitation, and future medical expenses for ongoing care.
- Lost Wages: If the injuries prevent the victim from working, they may be compensated for lost income. In cases of long-term disability, victims may also seek compensation for loss of future earnings.
- Property Damage: Victims can recover compensation for vehicle repairs or the replacement of their vehicle if it was totaled in the crash.
- Pain and Suffering: Victims may be entitled to pain and suffering damages for physical pain, emotional distress, and diminished quality of life.
- Wrongful Death: After a fatal truck accident, surviving family members may file a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and emotional suffering.
- Punitive Damages: In cases where the actions of the truck driver or trucking company were particularly reckless, victims may be entitled to punitive damages. These damages are designed to punish the at-fault party and deter similar behavior in the future.
At Horst Shewmaker, our experienced truck accident lawyers are dedicated to helping accident victims in Alpharetta and the metro Atlanta area recover maximum compensation. We work tirelessly to hold all responsible parties accountable and ensure that our clients receive the financial recovery they need to rebuild their lives after a serious accident.
Truck Drivers and Inspections
Oftentimes, truck wrecks caused by defective parts could be prevented if the driver followed the Federal Motor Carrier Safety Regulations (FMCSR) before the trip.
The FMCSR mandates that before driving a motor vehicle the driver “[b]e satisfied that the motor vehicle is in safe operating condition.” This process is known as a pre-trip inspection. Failure to properly inspect a truck’s equipment is extremely dangerous and negligent.
A driver is required to perform a pre-trip inspection and prepare a report confirming the inspection took place. That report is known as a driver vehicle inspection report (DVIR).
Every motor carrier must require its drivers to prepare DVIRs inspecting at least the following parts and accessories:
- Service brakes including trailer brake connections
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
Reporting Faulty Trucking Equipment and Deficiencies
Any defect or deficiency discovered by or reported to the driver that would affect the vehicle’s safe operation or result in its mechanical breakdown must be identified on the DVIR.
For the driver of a passenger carrying CMV, he must prepare and submit a report even if no defect or deficiency is discovered by or reported to the driver. That is not the rule for property-carrying drivers as they are not required to submit a report if no defect or deficiency is discovered.
In any event, every motor carrier is required to fix any defect or deficiency listed on the DVIR which would be likely to affect the safety of operation of the vehicle. Failure to
Truck Accident with DVIR Negligence
Following an accident, the DVIR can become a critically important document to determine whether a mechanical breakdown or failure was the cause.
If the driver found a defect or deficiency with the CMV and noted it on the DVIR, yet nothing was done to repair the problem, that could lead to a punitive damage award in favor of the injured party.
According to the FMCSR, every motor carrier is required to maintain the DVIRs, the certification of repairs, and the certification of the driver’s review for three months from the date the DVIR was prepared.
If the DVIRs are not retained, that could lead to spoliation sanctions against the motor carrier. Ultimately, it is important to remember that Commercial Motor Carriers are held to a higher standard and must adhere to a federally mandated process following an accident – potentially including drug testing, driver log reviews, a DVIR review, and more.
Contact Our Alpharetta Truck Accident Lawyers Today
If you have been involved in a truck accident and are not sure what to do next, you must talk to an expert. Our attorneys at Horst Shewmaker can help you recover the financial compensation you deserve. Contact our law firm today for a free consultation
