According to the Federal Motor Carrier Safety Administration’s (FMCSA) Large Truck Crash Causation Study, 10 percent of all truck accidents nationwide result from mechanical failure. If you or a loved one has been injured in a truck accident in California, it takes a skilled attorney to determine if mechanical failure is to blame and help you obtain just compensation.
At J&Y Law, we have a proven ability of investigating and prosecuting mechanical failure truck accident claims. When you become our client, we will determine the cause of the accident and fight tirelessly to protect your rights. We offer free consultations and will not charge any attorney’s fees until we recover for you. Please contact our office today so we can start working on your claim.
Common Mechanical Failures in California Truck Accidents
The first thing to know is that trucking companies have a legal obligation to regularly inspect and maintain the vehicles in their fleet. Similarly, federal law requires truck drivers to inspect their vehicles daily and report any visible defects.
Despite these requirements, hundreds of truck accidents each year are caused by mechanical failures; the most common include:
- Brake failure — If the brakes fail, the driver can lose control of the truck and collide with other vehicles. Brakes that are worn or defective can fail under normal driving conditions and a truck driver that fails to apply the brakes properly can cause them to fail. In any event, brakes must be properly maintained and inspected.
- Tire defects — Poorly maintained or defective tires can lead to a tire blowout, which can cause the driver to lose control of the truck and swerve into adjacent lanes. Other motorists are also at risk from scraps of tires scattered on the roadway, which can cause a multi-vehicle accident.
- Steering failure — Truck drivers rely on complicated steering systems to maneuver in and out of traffic. If the steering mechanisms fail, the driver may not be able to avoid hazards on the road and collide with other vehicles.
Truck accidents in California can also be caused by mechanical failures such as:
- Transmission failure
- Trailer coupling defects
- Malfunctioning headlights
- Worn/defective windshield wipers
In any event, the risk of mechanical failure truck accidents can be reduced if vehicles are properly maintained and inspected.
Who is liable in a mechanical failure truck accident?
Depending on the circumstances, several parties may share the responsibility for a mechanical failure truck accident, including:
- The truck driver is responsible for making sure that his or her vehicle is safe by inspecting the vehicle, reviewing any reports, and ensuring compliance with mandatory inspections. A driver who fails to perform the required inspections or knowingly drives his or her truck in poor condition will likely be held primarily liable for the accident.
- The trucking company is responsible for ensuring compliance with federal inspection requirements, maintaining accurate and complete maintenance records, making necessary repairs, and properly training drivers on how to complete inspections. A trucking company that fails to do any of these can be held liable for a mechanical failure truck accident.
- Maintenance personnel who service trucks can be held liable for performing improper inspections or using inadequate parts that cause or contribute to a mechanical failure truck accident.
- Truck or parts manufacturers can be held liable for manufacturing or design defects that result in a mechanical failure that contributes to a truck accident. In a product liability lawsuit, a manufacturer can be held strictly liable, meaning that it is not necessary to prove the manufacturer’s negligence, but rather only that the vehicle or part was defective.
Because proving mechanical failure can be difficult, it is wise to work with an experienced California truck accident attorney.
How J&Y Law Can Help
Given that a truck’s mechanical failure may be difficult to detect, and knowing that trucking companies and drivers often work to conceal underlying mechanical issues that may have led to the accident, our legal team will work with a network of expert investigators and accident reconstruction specialists to determine the cause of the accident.
In addition, our attorney will obtain and review the trucking company’s maintenance records, the driver’s employment records, and public records of any prior regulatory enforcement action taken by the FMCSA.
Above all, we will fight to help you recover your losses and the resources you need to begin to heal. Although no two cases are the same, you may be entitled to significant compensation, including:
- Medical costs
- Lost wages (past and future)
- Pain and suffering
- Permanent disability
- Loss of enjoyment of life
- Loss of companionship
If a loved one has died in a mechanical failure truck accident, we can help by pursuing a wrongful death lawsuit. No amount of money can ever replace a life, but we can help you find justice and recover the resources you need to move on with your life.
Contact Our Experienced California Mechanical Failure Truck Accident Attorneys
Being injured in a truck accident is overwhelming. Don’t go it alone. Turn to J&Y Law instead. We will stand by you every step of the way and fight for the compensation you need and deserve. Please contact our office today for a free consultation.