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Determining Negligence In A Truck Accident

30 December 2014

Arthur Young

If you have been involved in an accident with a truck, you may want to consider one of the reasons for that accident as mechanical failure. Two of the biggest contributors to mechanical failure in trucks are defective tires and brake failure. So, in order to determine who is responsible for those failures, you need to understand what the common causes of these failures are, in order to determine who to sue. 

Determining Negligence for Defective Brakes

When determining negligence for defective brakes, consider the following:

• the driver of the truck 
• the individual or company who owns the truck
• the person or company who loaded the truck
• the company who manufactured the brakes 

In instances like brake failure, each party may claim that the other party was to blame for the defective brakes. In order to determine who is responsible, you'll want to look at each.

The brake manufacturer, for example, has strict regulations imposed when it comes to braking systems for trucks. A truck needs to be able to maintain a certain braking force that is based on a percentage of the truck's overall weight, and comply with automatic brake adjustment requirements. If the brakes don't meet those standards, the manufacturer may be the negligent party.

When looking at the owner or loader of the truck, consider that there are instances when the front brakes are unhooked in order to allow the brakes of the trailer to do all the work. This is done to help keep down on the expense of wear and tear of the tires and brakes. Also, trucking companies need to keep accurate and timely maintenance records that show all maintenance performed on the truck. Inspections on the brake shoes, air leaks in the brake chamber, and checking for other loose brake parts are a part of every daily inspection before the truck takes to the highway. 

Determining Negligence with Tire Defects

It's a standard part of the highway landscaping: those heavy long strips of tire that happens after a semi truck blows a tire. This is the precursor to tire failure, which could be the result of a defective tire sold by the manufacturer, or failure by the trucking company to maintain the tire, which goes hand in hand with brake malfunction. Brakes need to be properly maintained in order for tires to work as they should. 

Also, trucking companies may allow their drives to drive on trucks that don't have the minimum depth requirement, that have mismatched tires or tires with different wear on each. Trucking companies may also fail to inspect those tires before their trucks head out on the road.

If you have been involved in an trucking accident, talk with a truck accident attorney to help determine who is negligent. 

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