Those injured in a truck accident may sue a truck manufacturer if the tractor-trailer involved in an accident was defective. Of course, this depends on the actual cause of the crash and other extenuating circumstances of the trucking accident.
Manufacturer’s Liability for Defects in a Tractor-Trailer
Defects in themselves don’t warrant pursuing legal action against a manufacturer. It would first need to be determined if the defect caused the accident or was a contributing factor. If not, then it would be very difficult to hold the manufacturer liable.
One common type of defect involving trucks is the brakes. If they wear prematurely, fail or otherwise malfunction and it prevents the driver from safely stopping, it could be considered a significant factor in a tractor-trailer accident.
Another common defective part is a truck’s steering. If it goes out or one of its components breaks down, this may be a factor in the accident if the driver had no ability to control the tractor-trailer. Or if the tire blows because of a defect in its design and it causes an accident, the manufacturer may be liable.
But if there were other circumstances surrounding the crash, the defect may only partially impact the case. An example would be brake failure. Although that would certainly be an issue, if it’s discovered the truck driver had also been speeding, then both would likely be considered contributing factors to the accident.
Truck Defects That Worsen Injuries
It may not necessarily be a defect that causes an accident. It could be one that contributes to the severity of someone’s injuries.
Let’s say there is a chain reaction crash and a vehicle is pushed into the back of a tractor-trailer. If the rearguard on the truck is defective and as a result, the vehicle slides underneath, the injuries suffered may be more severe than would have been otherwise. This could allow the injured party to file a lawsuit against the manufacturer.
Liability in truck accidents can be complex. Get legal guidance from Jason R. Schultz – call 404-474-0804 to set up a consultation.