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How Do I Know if Mechanical Failures Caused a Truck to Crash Into Me?

by | Dec 31, 2021 | Blog, Truck Accidents | 0 comments

When unexpected mechanical failures happen, trucks can break down on the roadway, leading to serious accidents. For example, if a truck’s braking system gives out, the truck can free-fall down a hill, colliding with many vehicles in its path and causing severe injuries.

Truck drivers and trucking companies must give their vehicles the proper mechanical repairs at regular intervals. Truck repair facilities are responsible for making repairs in a careful, competent, and workmanlike manner. Likewise, manufacturers of steering components and braking systems must manufacture their products and safely design them.

To prove that a truck accident happened because of a mechanical failure, you will need expert testimony. You want a skilled legal team of truck accident lawyers who can retain the experts required to help you prove your case. We can then file a claim with the truck driver or trucking company’s insurer to get you the compensation that you deserve. If the insurance company does not compensate you fairly and thoroughly, we welcome the opportunity to litigate your case in the court system and pursue compensation for you there.

You want to start the legal process immediately after a crash to preserve as much evidence as possible. The trucking companies will have investigators and professionals working on the case immediately, so you want your own legal representation during this immediate investigative process as well. Reach out to a lawyer for a free case evaluation right away.

Types of Mechanical Defects on Trucks

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There are many types of mechanical defects on trucks that can lead to serious accidents.

Some of the most common defects include:

  • Broken coupling devices
  • Broken hitches
  • Worn windshield wipers
  • Defective rear guards
  • Defective transmission systems
  • Inadequate steering systems
  • Missing transmission fluid
  • Defective or worn braking systems
  • Faulty brake lines
  • Defective brake pads
  • Deficient side view or rearview mirrors
  • Defective lighting systems (including tail lights, headlights, signal lights, overhead lights, and undercarriage lights)
  • Defective or blown out tires
  • Balding tires
  • Faulty horns
  • Malfunctioning anti-lock braking systems
  • Defective transmission systems
  • Improperly installed parts, such as rear guards

Any of these mechanical defects on a tractor or trailer can result in a serious accident involving another motor vehicle. In some instances, the defect itself might cause an accident, such as a defective braking system or faulty steering component. At other times, the other driver can’t see the truck or trailer, such as where lighting systems are defective or are not in working order at the time of the accident.

If you suspect that a mechanical defect led to your truck accident, you should retain an experienced attorney to represent you in your case as soon as possible. A knowledgeable truck accident lawyer in San Antonio can review the circumstances of your accident with you, and if necessary, get experts on board to help you prove your case.

Who Can Cause Mechanical Defects on Trucks?

Several individuals or entities can share in the blame for a mechanical defect that leads to a truck accident. First of all, the manufacturer of the defective truck part can be fully or partially at fault for the accident. Truck part manufacturers must take reasonable precautions throughout the manufacturing and distribution processes. When an error occurs and a truck accident results from a product defect, the manufacturer can be responsible.

In addition, truck mechanical defects sometimes happen because a repair facility is negligent when performing work on the tractor or trailer. Repair facilities and their employees must perform their work in a careful and workmanlike manner at all times. When they rush through jobs and do not take the necessary precautions, they can cause the truck to malfunction on the road, leading to a serious accident.

In addition to truck repair facilities, trucking companies can be fully or partially responsible for a mechanical defect that leads to a roadway accident. Under both state and federal motor carrier regulations, trucking companies are responsible for ensuring that their tractors and trailers receive the necessary repair work in the first place. They are ultimately responsible for ensuring that they are safe and operable when their vehicles are out on the road. When trucking companies do not monitor the status of their vehicles and ensure that these vehicles receive maintenance and repairs regularly, they can be responsible for any mechanical defect that leads to an accident.

Finally, truck drivers can be responsible for truck accidents resulting from mechanical defects. This is because truck drivers are generally responsible for performing pre-trip and post-trip inspections of the vehicles they operate. For example, drivers must ensure that all of the lighting components on the exterior of the truck and trailer are in proper working order before venturing out. When truck drivers do not perform the necessary pre-trip checks and an accident occurs due to a mechanical defect the accident victim can hold the driver responsible.

When it comes to truck accidents that result from mechanical defects, the truck driver and trucking company typically have the same insurance company. It is this insurance company that the accident victim and his/her lawyer will normally deal with. An experienced truck accident lawyer can help you identify the responsible persons or entities in your case and can file a personal injury claim with the appropriate insurance company. Your lawyer can then help you pursue the monetary compensation that you deserve through settlement or litigation.

Proving a Mechanical Defect Caused Your Truck Accident

To recover damages in a truck accident claim, the accident victim has the legal burden of proof. This means that he or she must show that it is more likely than not that the accident happened because of a mechanical defect on the tractor or trailer.

Truck accident claims and lawsuits can be difficult, if not impossible, to prove without the help of a qualified expert. Potential experts in truck accident claims that involve mechanical defects often include accident reconstructionists, truck repair experts, and investigators.

They can demonstrate that the accident happened because of faulty repair work or a defective truck part.

Specifically, an accident reconstructionist may be able to piece together all of the events to show what likely occurred and that a mechanical defect probably played a part in the collision.

In truck accident cases, a mechanical defect does not need to solely cause the accident. Instead, if it is one of several potential causes, you can still recover compensation.

You want an attorney who can help you satisfy your legal burden of proof and retain the experts who are necessary to successfully prove the elements of your claim.

Filing a Truck Accident Claim or Lawsuit

Filing a personal injury claim after a truck accident can be complicated. Fortunately, the right legal team can assist you throughout the entire claims-filing process. Our firm can gather up all of your medical records, medical bills, investigative reports, eyewitness reports, and expert reports and assemble them into a demand package that will go to the insurance company. The insurance company will review all of these documents, and the parties can work to negotiate a favorable settlement. If settlement does not happen right away, your attorney can file a lawsuit on your behalf in the Texas court system. This begins the litigation phase of the case.

As part of the litigation stage, the parties will engage in oral and written discovery. First of all, the truck driver or trucking company’s attorney will likely take the accident victim’s discovery deposition. Attorneys do this to try and learn as much as possible about the opposing side’s version of events.

Also, as part of litigation, the parties will typically designate experts. The accident victim, for example, might enlist an accident reconstructionist or maintenance expert to help prove the legal elements of the claim. A knowledgeable truck accident attorney will be able to help you file your claim, and if necessary, litigate it in the court system.

Statute of Limitations for Truck Accidents

The statute of limitation that applies to truck accidents in the state of Texas is very short. To be exact, truck accident victims only have two years from the date of their collision in which to file a claim or lawsuit arising from their injuries. If they do not file their claim in two years, the statute of limitations will expire, and they cannot recover monetary damages. This is true even if the accident victim or the accident victim’s lawyer files a lawsuit in the case one day late, absent some extremely limited circumstances.

When you trust a knowledgeable attorney from our firm to handle your truck accident claim, you can rest assured that we will file a lawsuit in your case on time to protect against the statute of limitations running. We can then zealously advocate for you and work to obtain favorable settlement compensation on your behalf. If the case still requires litigation, our legal team welcomes the opportunity to take the case to trial or a mediation/arbitration proceeding.

Recoverable Damages in Texas Truck Accident Cases

Victims of truck accidents that involve mechanical defects can suffer severe injuries. This is especially true when truck collisions occur because of faulty braking systems. In those accidents, the impact with another vehicle will likely occur at a high rate of speed, sometimes causing the front vehicle to spin around or even overturn multiple times. In the worst cases, a serious truck accident can lead to one or more fatalities and/or a pile-up of collisions involving numerous passenger vehicles.

In non-fatal accidents, victims can suffer traumatic head and brain injuries (such as concussions), broken bones, soft tissue injuries, lacerations, organ damage, spinal cord injuries, and paralysis injuries.

After suffering injuries in a truck accident, the accident victim will need to undergo medical treatment and possibly a surgical procedure and physical therapy. The cost of medical treatment is extremely high. Therefore, medical bills can pile up quickly in a very short amount of time. Fortunately, victims of truck accidents can recover various damages from the truck driver or trucking company’s insurer.

First of all, truck accident victims can pursue compensation for their medical expenses, lost earnings, and other out-of-pocket costs. Some truck accident victims suffer permanent injuries and disabilities. In those cases, they can receive compensation for losing the ability to use a body part, such as if the accident victim became fully or partially paralyzed after the collision.

In addition, victims of truck accidents can receive compensation for pain and suffering, emotional distress, and loss of life enjoyment resulting from the accident. Finally, accident victims can claim loss of family support or spousal consortium resulting from accident-related injuries.

If you or a person you care about has sustained injuries in a recent truck accident, you might be entitled to damages. Our experienced legal team can negotiate with the insurance company on your behalf and do everything possible to maximize your recovery in the case. If the insurance company does not settle favorably, we can litigate your case in the court system and even try it in front of a jury if necessary. We can also explore alternative dispute resolution mechanisms on your behalf.

Speak With a Truck Accident Lawyer Today

You want to speak with a law firm that welcomes the opportunity to pursue the damages you need from your recent truck accident. In addition to helping you prove the legal elements of your truck accident claim, we will zealously advocate for you both during settlement negotiations and in the courtroom.

Do not delay in getting the right legal representation in your truck accident case speak with an attorney about your legal rights and options.