Who’s Responsible for a Truck Accident Caused by Malfunction?


April 5, 2012     By Arnold and Itkin LLP

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Mechanical malfunctions may seem like something that no one could have foreseen or prevented, but if you were involved in a truck accident caused by malfunction, think again. If you are involved in a truck accident and the accident investigation turns up results that prove it was caused by a truck mechanical malfunction, you may feel like there is nothing else you can do except wait to get help from your insurance agency.
If you were injured, you are likely entitled to more benefits than you are getting by way of a personal injury claim. By seeking the help of a truck accident attorney, you may be surprised as to what you may be entitled to.

Truck manufacturers need to be held accountable too. Of course, natural wear and tear can cause parts to malfunction and need repair. If a mechanical malfunction caused your accident then you have the option of possibly filing a claim against the trucking company, an outside manufacturing company, a maintenance man or the truck driver. All of these entities are responsible in some way for the maintenance of the truck. They need to make sure it is in good working condition before it hits the road so as to avoid these kinds of accidents. As you can now hopefully see, most accidents could have been avoided. These particular ones can be the fault of multiple parties.

First of all, let us look at a case of a crash where the trucking company was responsible. The company as a whole can be liable for injury and damages if they were responsible for the maintenance and upkeep of the truck. If the company was lax on repair regulations or they failed to perform routine checkups of their vehicles then they may be responsible in the event of an accident. An outside manufacturing company may also be responsible if a part that they manufactured was defective.

If the company employed maintenance workers in order to make sure the trucks were road-safe and they missed a vital flaw then they may be liable. And finally, the truck driver may be responsible for an accident. All truck drivers are responsible to check the basic external truck functions by making a sweep of the vehicle checking head and tail lights, tires and the windshield, among other things. If they failed to do so and a malfunction resulted that caused a crash then they may be sued. Know that you need the help of an attorney with ample experience in truck accidents in order to get the justice you deserve.

ABOUT THE AUTHOR: Arnold & Itkin
Arnold & Itkin is a personal injury law firm serving those who have been injured in truck accidents. Defective truck equipment is often the cause of accidents, so if this is true of your case then you can seek legal help from a skilled truck accident attorney from their firm.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.