When Is the Truck Manufacturer at Fault for an Accident?
Imagine suffering severe injuries in a traffic accident because a truck manufacturer put something dangerous on the road. Bad brakes. Cheap steering columns. Dangerous fuel tanks.
Wouldn’t you be angry? Wouldn’t you want the right people to be held responsible?
The good news is that in the state of California, you can hold negligent auto manufacturers accountable for dangerous products. With the help of a personal injury attorney, you can locate the right party and apply the state’s strict liability policy.
Big Rigs Are Vulnerable to Poorly-Manufactured Parts
Strict liability applies if you can prove that there was a manufacturing defect in one of the truck’s components. You’ll need to show that there was an error or breakdown in the manufacturing process that created a piece of trucking equipment and that this ultimately led to a situation that harmed you.
Some of the most common truck parts with dangerous flaws include:
- Truck brakes
- Hydraulics
- Tires
- Steering mechanisms
- Fuel tanks
- Locks and failsafe mechanisms
- Underride guards
- Safety lights
- Windshield wipers
Reading the list above, you might wonder how something like windshield wipers could possibly hurt you or anyone else on the road. But truckers rely on clear visibility to see other drivers around them, so a failing windshield wiper motor during a rainstorm can set off a catastrophic chain-reaction crash.
Even a small flaw can cause a huge accident. A bad load strap locking mechanism can allow an entire load to shift, detach, and slam into oncoming traffic. A pinhole-sized opening in a fuel tank can send flammable diesel fuel spilling all over the road to ignite a deadly fire.
How to Prove That There Was a Manufacturing Defect
Showing a manufacturing defect spares you and your lawyer the trouble of alleging that the trucker or trucking company was somehow negligent, which can be difficult to prove. With a negligence claim, you must show numerous elements of negligence, and the process is much more involved.
However, proving a manufacturing defect can be challenging and complicated too. You’ll need evidence that the trucking company won’t want to readily give you. That’s why it’s so important to work with a personal injury attorney who can take fast action to preserve and locate the evidence you’ll need for your case.
For example, the truck should be inspected immediately before it ever leaves the scene of the accident. Before a single piece of the debris is cleared from the scene, try to at least capture photos and videos of everything you can possibly see. It will become vitally important later.
Your attorney can help you use the law to demand additional documentation you’ll need for your case, like truck inspection reports, maintenance records, driver history, and regulatory compliance information. Big trucking companies try to stall and avoid these requests, but here at Sally Morin Personal Injury Lawyers, we know how to make them live up to their legal duty.
Start the process now with a free and confidential consultation. We have plenty of experience with truck accidents due to manufacturing flaws and can help you hold the right people responsible, get your bills paid, and finally start to move forward from the trauma of your accident.
We Handle Your Accident Claim so You Can Focus on Your Life
After an accident, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many types of personal injury claims, including semi-truck accidents. We believe you should be able to focus on recovering from your accident while we handle the legal details.
We truly care about the people of California. Contact us today for a free online case evaluation.
Truck manufacturer liability. When is the truck manufacturer at fault for an accident? So this is something that we call the manufacturing defect, and that’s when there has been a breakdown or an error in the manufacturing process of the truck or a piece of equipment that goes into the truck and makes it run like brakes, tires, steering mechanisms, the fuel tank, anything like that. When you can prove that there’s a manufacturing defect, strict liability applies instead of the general negligence principles. So this is a really great claim if you can prove that there was a defect because again, it’s the strict liability instead of negligence so you don’t have to go through all of the elements of proving up the negligence claim.
However, proving a manufacturing defect is harder and more complicated than a regular case. That’s why it’s so important to get the vehicle inspected after the accident and have the truck inspected before it leaves the scene. Also to hire an attorney who can help you kind of navigate this complicated area of law. Also, the attorney can help you collect all of the necessary information and evidence that you need to prove a manufacturing defect looking at things like vehicle inspection reports, records, maintenance records. All of that stuff will help you to prove of a truck manufacturing defect claim.
