When commercial trucks malfunction on the road, they can wreak havoc on nearby drivers and pedestrians. Blown tires, mechanical defects, brake failure, and engine collapse can all lead to catastrophic damage. As a truck accident victim, you shouldn’t have to pay your expenses out of pocket.
But you’ll need to show that another party was responsible for the accident, be it the truck driver, the manufacturer, or someone else. Here are some tips to prove negligence after a truck accident caused by defective parts.
Who Is at Fault in a Defective Parts Accident?
The negligent party in a defective parts crash can vary depending on the accident’s circumstances. One or many of the following parties may be liable in your accident case:
In some cases, the truck driver may be partially responsible for a defect that causes an accident. Truck drivers must inspect their trucks before each trip and log that they have done so. If a driver did not inspect the vehicle closely enough or skipped this step altogether, they could have overlooked an issue that led to the accident.
If the truck driver could have reasonably done something to prevent the accident, they may be liable.
You can almost assume the trucking company will be at least partially liable for the truck accident.
Truck companies are often subject to vicarious liability, which makes them financially responsible for their drivers’ actions. On top of this, the company could have been directly liable for failing to maintain the truck to the necessary standards.
The Department of Transportation regulations require trucking companies to regularly maintain all trucks and equipment and record that maintenance for verification purposes. If the company doesn’t have a record of its maintenance on the truck, the insurance company may assume trucking company liability since it failed to keep the truck in a safe condition.
The manufacturer of the truck or its parts may be liable for producing a defective or faulty product. Product liability laws hold manufacturers to strict standards for quality and safety. If the manufacturer failed to inspect the truck part adequately before shipping it out, it could be liable for the malfunction that caused your accident.
Another Third Party
Depending on the accident circumstances, another party — such as a third-party truck mechanic or another driver on the roadway — may also be partially liable in your personal injury claim.
Proving Negligence in a Defective Parts Accident
“Negligence” is a legal term that means a party didn’t take the appropriate steps to protect the people around them. Someone may be negligent in an accident if they reasonably could have prevented it yet failed to do so.
With the help of a Connecticut truck accident attorney, you can collect the following evidence to prove the at-fault party’s negligence:
- Photos of the accident damage
- Videos from dash cams and nearby businesses
- Black box data from the truck
- Witness testimonies
- Maintenance logs from the trucking company
- Instances of other defects in similar trucks
The more evidence you have, the better, which is why working with a competent accident attorney is crucial to your case outcomes.
Rely on the Law Offices of James A. Welcome
Attempting to prove negligence on your own may be stressful and time-consuming. Instead, rely on a Connecticut truck accident attorney with extensive experience navigating defective part accidents.
Call 475-241-0824 today to schedule your free case evaluation with a truck accident attorney at the Law Offices of James A. Welcome.