Brake failure and defective tires are among the mechanical failures that also causes the truck accidents. If a person involved in a truck accident, know about these mechanical failures, can know who should be held liable while seeking for compensation or against whom the legal step should be taken. As far as the defective breaks and tire problems are concerned, a number of parties can be held liable like the break manufactured company, the company that owns the truck, the maintenance company or the driver. Generally the trucking company, maintenance Company and the manufacturer try to put the blame on one another.
Various Federal Rules have set the guidelines and standards for the trucking industry, which the trucking companies, owners, and drivers must follow, and often determine who is responsible for a trucking accident. In that situation, it is important to decide who is liable for the accident; there are two ways that can help you to sue the right liable company:
A Certified Truck Inspector’s Report: This inspector should be a member of the reconstruction division of the state police and is appointed to inspect the accident scene and the truck involved in the accident. His report gives details about the condition of every mechanical part of the truck at the time of the accident. This report can’t be found at the local police department and to get access to this report one will have to contact the concerned government agency. A truck accident lawyer can help you in getting this report.
High Tech Devices: The trucking companies use electronic black boxes under hoods, one like in the airplanes. Every time a driver drives the truck, this device records the information like how often the driver use accelerate, how many times the suggested speed limit is crossed, how hard the brakes were applied, whether the driver fastened the seat belt and what route did the driver take?
When the truck is involved in an accident the victim should make sure the recording data in such devices should be preserved before the company erased it.
Various Information about the Truck Driver: Different details about the truck driver can help you in determining the causes of the truck accident like the truck maintenance record; Driver’s sleeping and working hours record, driver’s training and education record and witness statements.
Why do the truck accidents happen?
Most of the truck accidents happen due to the driver errors like driving trucks after consuming alcohol or other drugs, exhaustion, distraction, not acquainted with the roads. Malfunction of any part like the failure of breaks or defective tires, defective steering, inappropriate trailer connections, bad weather, jumping red lights etc.
Can trucking Companies be liable and sued for the truck accident?
Generally trucking companies don’t deploy any driver instead they hire independent drivers giving them a placard with the company’s name and permit number on it. This placard declares that this truck is working for the company and the driver is an employee of this company.
When the truck gets involved in an accident the company can argue to avoid the liability such as
- The company is not liable for any accident since the driver is not the employee of the company,
- The company is not responsible for the inspection, maintenance of the parts’ so it will not be liable for any accident.
But according to the federal laws no matter the driver was an employee of the company or not, but if the truck has the placard naming the company, and then the company will be responsible for all accidents.
Laws for the trucking companies are complicated as there can be more than one state involved and the truck companies have many top-notch lawyers on their side. A truck accident lawyer can explain you the complexity of the trucking laws as he is acquainted about the laws that tell how the truck driver should run a truck and can help you in proving the liability of the company in a timely manner.