If you were in an accident because of a mechanical defect on a commercial truck, you could be entitled to compensation from the trucking company, truck driver, or another negligent party. At DeMayo Law Offices, LLP, we have over 150 years of combined legal experience helping our clients hold people accountable for the injuries they cause.
Mechanical defects can create dangerous situations for the truck driver and other drivers around them. If one of the systems malfunctions or there’s a part that isn’t working correctly, the driver will have a difficult time maneuvering their truck safely. They might not be able to slow down, come to a complete stop, or swerve to avoid colliding with another vehicle.
DeMayo Law Offices, LLP and our team of dedicated Charlotte mechanical defect accident lawyers will seek justice and ensure you can recover from this devastating experience. Call us today at (704) 333-1000 for a free consultation to discuss your case.
Types of Large Trucks in Charlotte
Tractor-trailers and other commercial trucks are an integral part of the economy. Truckers are responsible for transporting essential products within the state and to other areas of the country. Without them, we would not have access to food, clothing, appliances, and other products we use every day.
You likely have passed one of these vehicles while driving on the highway or another road in Charlotte. They are a common sight, but many people don’t realize that they pose a risk to other motorists. They are massive in size and weigh tens of thousands of pounds, making them destructive if an accident occurs. They have the potential to cause significant property damage, severe injuries, and fatalities.
The most common types of commercial trucks you might see on the roadways include:
- Delivery truck or van
- Tanker truck
- Heavy hauler
- Box truck
- Tractor-trailer or semi-truck
- Dump or garbage truck
- Firetruck or emergency vehicle
- Refrigerator truck
- Moving truck
- Cement mixer
The occupants of passenger cars and small vehicles usually suffer more than the driver of a large truck. Every part and system a commercial truck contains must operate together to ensure the vehicle runs smoothly and safely. Even the slightest defect on the smallest part could throw the whole system out of whack and lead to a crash. Truck drivers and trucking companies must perform inspections and fix any problems they encounter.
Common Mechanical Defects Found On Commercial Trucks
Every vehicle in a trucking company’s fleet must undergo routine inspections, maintenance, and repairs according to regulations set by the Federal Motor Carrier Safety Administration. If the trucking company discovers an issue, they must address it promptly by repairing the part or system or replacing it entirely. Factory-issued recalls should also be addressed immediately to avoid placing the truck driver and those around them in imminent danger.
Common mechanical defects that could cause a truck accident include:
- Transmission or engine failure
- Faulty trailer attachment systems
- Overinflated or balding tires
- Inadequate brake fluid or worn out brake pads
- Burned out vehicle lights
- Malfunctioning windshield wipers
- Damaged, missing, or incorrectly attached rear guards
- Defective steering equipment components
- Missing or cracked mirrors
- Failing suspension system
Mechanical defects can occur during any stage of production. A defect could affect a whole system, part of the truck, or a small component of the part, such as a hitch pin on the trailer hitch. Three main defects could result in a truck accident and determine who you could hold liable for your injuries:
- Design defects are the result of a poorly designed product that makes it unsafe for consumers.
- Manufacturing defects occur when there is an error during manufacturing, causing the final product not to meet certain specifications.
- Marketing defects or failure to warn is when a manufacturer does not provide adequate warning labels or instructions with the product so that consumers may avoid injuries.
Determining Who’s Liable After A Mechanical Defect Truck Accident
It can be a challenge to investigate a crash caused by a mechanical defect. That is because we must prove that there was a mistake made during the design, manufacturing, or marketing process that directly led to your injuries. If we can’t find sufficient evidence, we will not be able to hold the at-fault party financially responsible for your losses.
The individuals or companies you might be able to seek compensation from and hold responsible for their negligent actions include:
- Truck driver – Drivers must inspect and turn in a written report at the end of their shift if they discover a defect or deficiency that affects the safe operation of the vehicle.
- Trucking company – Federal regulations require motor carrier providers to systematically inspect, maintain, and repair every commercial truck in their fleet.
- Parts manufacturer – They are responsible for ensuring every stage of the manufacturing process runs smoothly, so the final part or system meets the design specifications and passes safety tests. They should also provide adequate warning labels of the potential harm the product could cause.
- Seller or supplier – Companies that sell and supply commercial truck parts should store and transport them correctly to avoid causing damage. They should also ensure they are selling safe parts to trucking companies.
- Third-party – Some trucking companies will hire a subcontractor or third-party company to perform maintenance and repairs for them.
You Might Be Entitled to Compensation After a Mechanical Defect Accident
When a motor vehicle crash occurs between any types of vehicles, the state’s fault system determines who could be held liable. That means whoever causes an accident is financially responsible for the victim’s damages.
Damages include all losses suffered by the injured person through no fault of their own:
- Medical bills
- Loss of consortium
- Out of pocket expenses
- Lost wages and earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
A truck driver’s or company’s liability insurance should cover your total damages. DeMayo Law Offices, LLP will determine who was at fault and request a copy of their policy to confirm how much coverage is available. If the insurance company denies your claim or provides an inadequate settlement offer, we could attempt to pursue the compensation you need by filing a lawsuit.
Contact An Experienced Charlotte Mechanical Defect Accident Lawyer
DeMayo Law Offices, LLP cares about the clients who hire us. You should not have to suffer financial strain because of someone else’s careless behavior. We will work hard to protect your rights and seek the maximum compensation available so you can heal your injuries and move forward with your life. Our team of attorneys will help you fight for the justice you rightfully deserve.
You will receive transparent communication about your legal options and consistent updates on the status of your case. We will treat you like a priority and provide guidance, support, and advice from start to finish of the legal process. Call us at (704) 333-1000 if a mechanical defect caused your injuries in a truck accident.
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