Defective Truck Equipment
Additional Information
If a Faulty Truck Part Caused Your Accident, We’re Here to Help
When a big rig is in an accident, people automatically blame the driver. While it is true that truckers are often at fault for truck accidents, there are some instances when they are not. Sometimes, the equipment on the truck is defective, and actually causes the collision.
Identifying defective truck equipment and taking on automotive manufacturers is never easy. If you were involved in a crash with a large truck, you should speak to a defective truck equipment accident lawyer who can get you the compensation you may be entitled to. Contact The Husband & Wife Law Team for a free consultation.
Product Liability Law in Arizona
When manufacturers release their products to the public, they have a responsibility to ensure that those products are safe to use. When they are not, anyone injured by those products can file a claim against the manufacturer for their injuries. The same is true for truck parts that are defective and cause an accident.
For example, a truck driver may slam on the brakes to avoid an accident. If the brakes are defective, and the truck does not stop as it should, the manufacturer is at least partially liable for the results of the crash – any injuries, property damage, or wrongful death.
How Is Liability Determined?
Determining liability for a truck with defective equipment is not always straightforward. While manufacturers have a responsibility to ensure their products are safe, the trucking company is responsible for regular maintenance to ensure the equipment works as it should.
That’s why you need a lawyer to determine who was truly responsible. The Husband & Wife Law Team may also find that both the trucking company and the manufacturer were to blame.
For example, if the trucking company knew there was something wrong with brakes that were still under warranty, but wanted to keep the truck on the road instead of in a shop for repair, the manufacturer could be held liable for selling a defective piece of equipment, while the trucking company could be held liable for allowing the truck to go out on the road.
Cases involving defective equipment become more complicated when trucking companies try to shift blame to the manufacturer. They will sometimes do this to avoid paying compensation to injured individuals, and it is not always fair or accurate.
Frequently Asked Questions
How do truck accident cases differ from car accident cases?
There are important differences in how these cases are addressed legally. Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA). Trucking companies and commercial drivers alike are required to comply with many federal regulations that do not apply to an average driver. In order to successfully handle Phoenix truck accident cases, an attorney must be well-versed in this specific body of law.
Another difference is that truck accident cases are typically more complicated with regard to liability. Potentially liable parties in a truck accident case may include the driver, the trucking company, the truck manufacturer, a parts manufacturer, or a company that repaired or performed maintenance on the truck or trailer.
What should I do if the insurance company makes me an offer after a truck accident?
If the accident was the result of a truck driver or trucking company negligence, you may think you will certainly receive an offer from the insurance company, but many times the insurance adjuster will surprise you and will make no offer at all or a very minimal offer or will deny liability completely even though they know their driver was negligent. In all probability, they will make you a lowball offer, relying on your vulnerability and lack of legal knowledge. This is an effort to reduce the cost of the insurance settlement, and is definitely not in your best interests. You will be asked to sign a settlement release that falls far short of the compensation you are actually entitled to receive. They might even tell you that the offer is only open for a limited time, and you may feel pressured to accept – particularly if your injuries make it impossible to work and earn a living.
In this situation, it is imperative that you speak with our truck accident lawyer as soon as possible after the accident. If the insurance company asks you to make a statement, you are entitled to refuse, and to seek legal counsel in the matter.
How many big rigs are involved in traffic accidents in the U.S.?
According to the Insurance Information Institute (III), big rigs account for only 4% of all registered vehicles. However, according to recent accident data, large trucks accounted for 9% of all vehicles involved in fatal accidents (and 3% of all vehicles involved in injury and property damage accidents). To put those percentages in more tangible terms, the National Highway Traffic Safety Administration (NHTSA) reported that 4,067 people were killed in commercial truck accidents in the U.S. in 2015.
Need legal help after a truck accident in Phoenix?
Never accept a settlement offer from an insurance company without first speaking with a Phoenix attorney who has a long history of successfully resolving truck accident cases. The Husband & Wife Law Team can investigate your accident, collect and preserve the evidence to support your case, and skillfully negotiate with the insurance company on your behalf. You can trust us to help you pursue the maximum possible in your case. Contact us today!
Get the Legal Help You Need Today
No matter what the cause, truck wrecks result in severe and costly injuries. For this reason, it’s important to speak to an attorney as soon as possible after an accident. If you have been injured in a Phoenix truck collision, call The Husband & Wife Law Team right away. We will determine the cause of the accident, help you file your claim, and represent you through the entire process. We will also speak to the trucking company, insurance companies, and manufacturing companies on your behalf to get you a fair settlement. Contact us today so we can begin reviewing your case!