Truck Mechanical Failures

Truck Mechanical Failures Most truck accidents happen due to driver error, though this is far from the only possible cause of a crash. When a large semi-truck hits your car on the highway, and you suffer serious injuries, you need to determine the cause of the crash to seek adequate compensation. If the driver did not make a mistake behind the wheel, another possible reason for the accident is a mechanical failure. Crashes resulting from mechanical failures can lead to highly complex insurance claims, and you want to hire an experienced truck accident attorney as soon as possible to begin handling your case.

Mechanical Failures that Cause Truck Crashes

Modern commercial trucks like big rigs, semis, and 18-wheelers are extremely complicated pieces of machinery. Not only can they haul thousands of pounds of cargo from place to place at speeds of 80 miles per hour or more, but they can also serve as living quarters for the drivers who operate them. Additionally, many commercial trucks have various segments, like a train. This mechanical complexity means that trucks need specialized equipment to run - and also that there are plenty of things that can go wrong and result in a crash. Some of the more common mechanical failures that can cause truck accidents include:

• Tire blowouts
• Coupling device failures
• Brake light, headlight, turn signal, or conspicuity light failures
• Braking system malfunctions
• Steering mechanism defects
• Windshield wiper failures

It is often difficult to determine what caused a truck driver to suddenly lose control and collide with another vehicle or create an unavoidable road hazard. For this reason, truck accident victims should always speak to an attorney after an accident. A lawyer that regularly handles truck accident cases will know signs that indicate a mechanical failure caused or contributed to the accident.

Who is to Blame for a Mechanical Failure?

An attorney can first determine whether a mechanical failure played a role in your accident and then determine who you might hold liable for your losses. Different parties might be responsible for allowing a mechanical failure to happen. Federal regulations require trucking companies to perform regular inspections, maintenance, and repair on trucks in their fleets. Too often, trucking companies cut corners and might skip an inspection or delay necessary maintenance. If a mechanical failure happens and causes an accident, the trucking company should be liable for all injuries and losses. The Federal Motor Carrier Safety Administration (FMCSA) performs random inspections on trucks for mechanical soundness and reports that some common violations include:

• Not having operable lamps as necessary
• Low depth of tire treads
• Inoperable turn signals
• Brakes being out of adjustment
• Kinks or chaffing of brake tubing
• Oil leaks
• Leaks in wheel seals

Regulations require trucking companies and drivers to perform periodic inspections before driving a shift. Often, when someone misses signs of a mechanical failure, it means they did not complete a required periodic inspection. Some mechanical failures stem from inherent defects of the truck. For example, if a truck manufacturer sold big rigs with faulty ignition systems or coupling devices, the defect likely stemmed from improper design or assembly of the part. Similarly, truck tire companies might sell tires with inadequate materials that shred too easily for a large commercial truck. If a mechanical failure happens due to an inherent defect, you can hold the truck manufacturer liable. This would create a product liability claim instead of a standard negligence claim. If you believe that a truck malfunction led to your crash, you want a law firm that handles both negligence-based truck accident claims as well as product liability claims.

Truck Accident Investigations

Determining the cause of your commercial truck accident may require significant investigation. As a victim, you should understand that the at-fault party is not going to do this work for you, and the burden of proof is on the person alleging their accident was someone else’s fault. Truck accident investigations can require analysis of the accident, the vehicles involved, the driver’s safety record, and various other issues that may shed light on the accident’s cause. In addition, in many instances, commercial trucking accident investigations require the help of specialists like accident reconstructionists, industry experts, or others that can provide opinions and information regarding what caused an accident. Because of these considerations, anyone injured in a truck accident should retain an attorney who has experience in commercial trucking litigation and a network of litigation support specialists they trust and have worked with before.

You Need a Truck Accident Lawyer Right Away

It is in your best interest to contact a truck accident attorney as soon as you can after a crash. Here’s why:

The Insurance Company Will Try to Settle Your Case for as Little as Possible

Insurance companies have one concern - settling claims for as little as possible. As such, they are happy to take advantage of an unrepresented truck accident victim and pay them pennies on the dollar to settle their case. To get you to take a low settlement offer, they may misrepresent your legal rights, blame you for the accident, or ask you questions designed to confuse you into saying something that will hurt your case. Fortunately, you can protect yourself from these and other insurance company tactics by retaining a lawyer immediately. Once you have an attorney, the insurance company must deal with them and cannot contact you directly. In addition, your lawyer will evaluate all of your losses and determine how much your case is worth, significantly strengthening your bargaining position.

You Can Lose Access to Evidence You Need to Win Your Case

Another reason to retain a lawyer as soon as possible after an accident is that waiting to start investigating your case can result in the loss or destruction of important evidence. For example, the trucking company could repair the issue that caused the mechanical failure that caused your accident. Similarly, witnesses’ memories may fade, or companies can wipe computer data clean. Fortunately, your attorney can use legal mechanisms to ensure the collection and preservation of evidence, so it is best to retain one right away. Contact us for a free consultation.