For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.
When the braking system of a commercial truck fails, an accident can occur. But who is ultimately responsible for the accident depends on several factors. If you were involved in an accident with a truck with defective brakes, here is what you need to know.
Is the Brake Manufacturer to Blame?
Determining who is responsible for the failure of a braking system depends on several factors. One consideration is whether or not any component of the system was under recall at the time of the accident. Recalls are routinely issued when manufacturers become aware of design flaws that could result in mechanical failure.
If a component was not under recall and the accident occurred, the manufacturer usually can be included in your lawsuit for injuries and damages from the accident. However, if the recall had been issued and the manufacturer can prove it had aggressively sought to make the public aware of the recall, you might have a challenge in proving your case against it.
Is the Trucking Company to Blame?
In almost all instances, the trucking company shares responsibility for the accident. The company has a responsibility to ensure that its trucks are ready to travel the road. Regular service checks and repairs must be conducted and logged by the company.
If the company failed to perform regular maintenance of the truck, it is liable for accidents that are caused by mechanical error. For instance, if the air pressure was not even on all the wheel ends, the brakes can sometimes lock up. It is up to the trucking company to ensure that the air pressure is checked and adjusted each time the truck goes on the road.
If the company did not regularly check for recalls and a component of the braking system was on recall, the company would probably bear the biggest responsibility for the accident.
Who Can You Sue?
In personal injury law, you do not have to choose between possible defendants. You can choose to file a lawsuit against each party that you believe is responsible for your accident.
You can settle separately with each party and even take each party to court, if necessary. The judge and jury will determine if one or all parties need to pay damages for the accident.
A personal injury attorney or truck accident lawyer specifically can help you build a case against the manufacturer and the trucking company. Consult with the attorney early in the process to ensure that you file the required notices to all parties within the statute of limitations.
For more information, talk with a truck accident lawyer or click here for more info about how to go about a personal injury lawsuit.
Share16 May 2016
