Truck accidents are major events that tend to cause catastrophic damage, injuries, and fatalities. Unfortunately, Texas has more fatal truck accidents each year than any other state in the U.S., according to the Federal Motor Carrier Safety Administration. While truck accidents are often the fault of the driver, that isn’t always the case. Sometimes, truck accidents are caused by poor maintenance and defective equipment.
If you have been involved in a truck accident in New Braunfels, Texas, you could be entitled to compensation to cover costs resulting from the accident, including medical expenses, lost earnings, pain and suffering, and more. With over 25 years of experience in personal injury law, the truck accident attorneys at Burch Law Firm have the necessary skills to help you seek the best possible results in your case. Contact us today for a free consultation.
What Are the Effects of Poor Truck Maintenance and Defective Truck Equipment?
Big rigs have thousands of moving parts. A lack of proper maintenance and inspection can lead parts to malfunction, contribute to system failures, and create problems for a truck’s engine. Defective parts, such as compromised brake systems and steering equipment defects, can ultimately lead to terrible accidents.
What Are the Common Defects in Commercial Truck Equipment?
Some of the common defects found in commercial truck parts and equipment include:
- Damaged or failing brakes
- Tire and wheel issues
- Shifting cargo due to faulty tie-down equipment
- Steering malfunction
- Suspension failure
- Transmission issues
- Inadequate or faulty lighting
- Trailer hookup malfunctions
- Fuel tank issues
- Improperly functioning windshield wipers
- Insufficient or faulty rear underride guards
What Steps Can You Take After a Truck Accident?
Being involved in an accident with a large truck can be confusing and frightening, particularly if you sustain severe injuries. Knowing what to do in the aftermath of an accident can help keep you and others safe, as well as protect your right to financial recovery. You should:
- Call 911 – Immediately call 911 or have someone else on the scene call 911 to report the accident. Law enforcement will arrive at the scene, assess the situation, check on victims, and create a report, which you will need to obtain later as part of your claim.
- Seek medical care – Seek immediate medical treatment. If you don’t, insurance companies may try to argue that your injuries did not stem from the truck accident.
- Gather documents – Maintain a file with all of your medical records, income statements, and expenses. This can be used as evidence in your claim and can help you properly calculate damages.
- Keep a pain journal – Maintain a written record of your injuries and recovery, documenting your pain level. You can use this as evidence of pain and suffering in your claim.
- Consult with an attorney – Determining liability and navigating the claim process on your own, especially if you are suffering from severe injuries, is never a good idea. Let an experienced truck accident attorney identify the liable parties may be and pursue the compensation you need to recover.
Five Basic Truck Maintenance Tips for Peak Performance
There are several steps that truck drivers and truck companies can take to ensure peak performance of their vehicles. Properly inspecting and maintaining trucks can help protect truck drivers and other motorists on the road. Steps include:
- Regular oil and filter changes – Dirty oil can harm a truck’s engine. Trucking companies should regularly check and change oil and filters. Oil is an engine’s lifeblood, and it is vital to the health and longevity of a truck’s engine to ensure that oil changes occur at the appropriate intervals.
- Fluid checks – Maintaining appropriate fluid levels, including washer fluid, power steering fluid, engine coolant, and brake fluid is essential for core systems to function properly.
- Cleaning truck – Truckers should clean the body of their truck and remove any debris, snow, or dirt that can become loose during transit.
- Tire rotations and changes – Truck accidents from blown-out tires are some of the worst since truckers can lose control of their vehicle when the tread suddenly separates from the tire. Trucking companies should regularly inspect and change out worn or damaged tires. Additionally, tire rotation can ensure an even amount of tread wear on the tires.
- Regular inspections – Drivers should familiarize themselves with a truck’s inspection schedule and should have the truck inspected by a professional at regular intervals. This will help ensure that any mechanical issues or defective parts are detected before they cause an accident.
Liability and Defective Parts and Systems on Trucks
It can be incredibly difficult to determine liability in truck accidents. Many truck accidents are caused by drivers, but sometimes defective parts or maintenance issues are to blame. Parties apart from the driver that could potentially be liable include:
- The trucking company – If the trucking company conducts maintenance on its own vehicles and it failed in its maintenance and inspection duties, then it could be held liable for any accidents that occur as a result.
- The maintenance company – Sometimes, trucking companies will outsource maintenance and inspection of their vehicles to outside maintenance companies. If a maintenance company failed to properly inspect and maintain the vehicle, it could be held liable for any accidents that occur.
- The parts manufacturers – Another potentially liable party is any entity that manufactured a defective trailer or truck part that ultimately caused a truck accident to occur. If the defective part suffered from a design flaw or a manufacturing defect arose during production, then the manufacturers of that part could be held responsible.
To prove liability, you will need to demonstrate that the responsible party failed in their duty to properly inspect or maintain the truck or to manufacture a safe truck or truck part. Next, you will need to show how their negligent action (or inaction) directly led to the accident and your resulting injuries and losses.
Determining and proving liability in any truck accident is challenging, so it’s best to consult with an attorney as soon as you can. An experienced truck accident attorney can investigate the accident, identify the at-fault party, build a case against them, and pursue the compensation you deserve.
Contact Our Experienced New Braunfels Truck Accident Attorney
If you’ve been injured in a truck accident, you could be entitled to seek compensation for medical costs, lost wages, and pain and suffering caused by the accident. When truck accidents are caused by poor maintenance or defective equipment, it can be incredibly challenging to identify the liable party.
At Burch Law Firm, our team has over a quarter-century of experience in personal injury law. We provide one-on-one attention and an ongoing commitment to help in every way we can. Contact us today for a free consultation. You will be connected with an experienced truck accident attorney.