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Arnold & Itkin LLP Truck Accident Blog2016FebruaryIs a Driver Responsible for Mechanical Failures?

Is a Driver Responsible for Mechanical Failures?

If you have been injured in an accident involving a commercial truck, you may be wondering what your options are. Who is to blame for what happened? If a mechanical failure in the truck contributed to the accident, is this simply an accident or is someone responsible? Depending on the details in your case, the answers may surprise you.

It is important to speak with a truck accident attorney as soon as possible in order to secure compensation. You could be entitled to restitution after your accident. Our attorneys at Arnold & Itkin are knowledgeable and experienced. We can answer your questions and help you take the right course of action after your accident.

What Are Examples of Truck Equipment Failure?

Equipment failure is the second leading cause of truck accidents in the United States. It’s a serious problem. The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers and trucking companies to examine their vehicles closely prior to each trip. The FMCSA also requires other, more thorough examinations to be held at regular intervals during the year. Unfortunately, these regulations are occasionally ignored.

Examples of equipment failure in large commercial trucks include, just to name a few:

  • Tire blowouts caused by low tire pressure, faulty tires, or low tread
  • Missing reverse detection warning equipment
  • Faulty brakes
  • Improperly loaded trucks causing jackknife or rollover accidents

Is a Manufacturer or the Trucking Company Responsible ?

Many times when there is a mechanical failure, the manufacturer can be held accountable for the malfunction. Common truck mechanical failures include faulty brakes, problems with steering, and faulty windshield wipers, among other issues. If there was no warning of product malfunction and the part still failed and caused an accident, then the manufacturer can be held accountable for it.

The trucking company itself can be held accountable, however, if the manufacturer issued a recall or another type of warning but the company did not heed the warning. If the trucking company failed to replace a part that they were responsible for and this part contributes to an accident, then the trucking company can be held liable for damages.

When Is the Truck Driver Held Responsible?

In some cases, even the truck driver may be held responsible for a mechanical failure that causes a crash. There are certain aspects of the vehicle’s care and maintenance that are under the care and responsibility of the truck driver. These aspects of the vehicle’s maintenance may include tires, mirrors, and lights. Truck drivers are responsible for checking the truck's parts, so if they continue to drive even after they noticed a broken taillight or a stripped tire and they cause an accident, then they can be held responsible.

Retain a Nationwide Truck Injury Lawyer Today.

Being involved in a trucking accident is a serious matter. If you have been in an accident with a commercial truck, you likely suffered damages and injuries. It is important to protect your future and your rights by speaking with a skilled truck accident lawyer about your case. If defective truck equipment was to blame for the accident, seek the help of Arnold & Itkin today. We’ve recovered $1+ billion in 5 years and remain ready to help. Speak with a lawyer from our firm about your case: call (888) 490-0442.

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