Get Into An Accident With A Commercial Truck? How To Determine Liability For Brake Or Tire Failures
When involved in an accident with a commercial truck on the road, know that it is possible to sue the parties responsible for the accident for damages. Part of receiving compensation will be determining who is liable, especially in cases where the was a brake or tire failure.
Failing To Do A Pre-Trip Inspection
Before commercial trucks hit the road for any sort of work-related travel, there will be a tire inspection to ensure that everything is in working order. It's possible that the driver intentionally neglected to do the inspection before their trip. Having too little or too much air in a tire can lead to a blowout while driving, putting the driver and others at risk due to an accident, which is why checking air pressure is so important. In addition, there should be a brake inspection as well.
If it is found that these inspections did not happen, liability will fall on the main trucking company or the driver of the truck.
Not Recalling Defective Auto Parts
When parts of a truck's braking system are found to be defective, there will be a recall of that specific defective part. The manufacturer of the part must go through the process of recalling dangerous parts and having them replaced at their own expense.
If the cause of the accident was due to a defective part, your lawsuit may be with the part manufacturer instead. This is true if the defect was known, but the part never officially recalled. On the other hand, the driver or trucking company may be responsible if there was a known defect, the trucking company was contacted, and they ignored the critical steps of having the part replaced.
Not Maintaining The Truck Tires
The trucking company is responsible to ensure that the tires on their trucks are in great condition. It goes beyond just making sure that the tread has the minimum amount of depth, but also verifying that the tires are not mismatched in terms of sizes or type, that dual tires are not touching each other, and that the rims are not damaged. Failing to inspect these things and sending a driver on the road with a truck that doesn't have the right tires could place the blame on the trucking company.
When dealing with an auto accident involving a commercial truck, you are better off working with an auto accident lawyer, such as those found at Carter & Fulton, P.S., that can help prove liability for you.