Most truck accidents are caused by trucker error. A study from the Federal Motor Carrier Safety Administration identified many errors as “critical factors” leading to accidents, including driver distraction and fatigue.
But defects on a truck can also cause it to crash—even when the driver is as careful as possible behind the wheel. At Ball, Kirk & Holm, we help people who are hurt in accidents with 18 wheelers and other large trucks. If a mechanical defect is to blame, then you might still seek financial compensation from the trucking company or a different defendant. Call our office to schedule a consultation with a Cedar Falls truck accident lawyer. We have offices in Waterloo and Iowa City, and a lawyer can drive to meet you where possible for a free consultation.
A Trucking Company’s Obligations & Federal Regulations
The commercial trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), which has adopted rules regarding:
- Regular pre-trip and post-trip inspection of commercial vehicles;
- Scheduled maintenance based on guidelines;
- Preservation of maintenance records;
- Mandatory removal of a truck from service if defects are discovered which make driving the vehicle unsafe.
Although these regulations are clear, they are also expensive to comply with. Some companies do not have extra trucks available to handle a delivery if a truck needs to be removed from service. They might take a chance and force the vehicle out onto the road even with defects.
Common Mechanical Defects that Cause Accidents
Mechanical issues can make a truck unmanageable. Even a careful trucker could suddenly swerve into traffic or be unable to stop due to the following defects.
Brake Failures
Override accidents are terrifying. Massive trucks can ride up onto and over smaller vehicles when the truck does not stop in time. Although speeding and tailgating are often to blame, brake defects are also a factor in many override accidents.
Some of the most common problems with brakes include:
- Overworn brake pads
- Improperly installed brake pads
- Faulty brake systems
- Contamination of brake fluid
- Air leaks
Blown Tires
When a tire on a big rig blows, it can easily become unmanageable and crash with other vehicles, especially on the highway. Unfortunately, tire blowouts are common.
These blowouts are caused by:
- Underinflation, which puts additional stress on the tire’s walls.
- Overinflation, which can worsen as the truck is in motion.
- Tire degradation over time.
- Punctures which lead to explosions.
- Tire defects.
Steering Failures
When the steering system fails, a trucker will be helpless to take defensive action and avoid a crash. Some possible problems with the steering system include:
- Leaking power steering fluid
- Alignment problems with the steering system
- Worn rods and ball joints
- Faulty suspension springs
Blown Lights
Trucks need proper lighting, especially if they are traveling at night or in the early morning hours. Lights help the trucker see but also make the rig visible to other motorists. Unfortunately, defective wiring or connections can lead to blown lights and other failures.
Fifth Wheel Failures
Tractors connect to a trailer at a coupling, which is also called a fifth wheel. This connection must be secure enough so that the trailer does not disengage when the cab makes a turn. However, faults with the coupling can lead to rollovers, jackknifes, and other accidents.
Who is to Blame for a Mechanical Defect?
Injured victims may still seek compensation if a mechanical defect is to blame for the crash. Our objective as experienced lawyers is to identify the person or entity responsible for the defect or for failing to fix the problem.
1. The truck owner. The company which owns the rig has an obligation to keep its vehicles roadworthy. They cannot put a dangerous rig out on the road. If they do, then they are liable for this kind of foreseeable accident. A truck owner must perform regular maintenance and keep adequate records. We can investigate whether the transportation company properly serviced the vehicle involved in the crash.
2. Mechanics. The mechanics who work on the truck need to do a professional job. Some transportation companies have their own mechanics, so we would ultimately sue the trucking company. But other trucks are serviced by independent auto shops.
3. Truck manufacturer. A component part might fail due to a design or manufacturing defect. For example, some tires are defective as soon as they leave the factory. If so, then the manufacturer is probably liable for the crash.
We can submit an accident claim to a trucking company, mechanic, or manufacturer. These companies should have liability policies that pay cover settlements. We can negotiate to receive comp for your medical care, lost income, and other damages.
How to Build a Claim Based on a Truck Defect
The big challenge is proving a defect is to blame for the crash. As an injured motorist, you do not have easy access to the truck. Furthermore, there is a risk the trucking company fixes the vehicle quickly, which will erase evidence of the defect. The company might be tempted to simply blame you for the crash.
Contact a law firm quickly. We can request information and notify the trucking company to preserve data and other evidence. We can also get to work building up the factual basis for your claim.
We usually request the following:
- Inspection records required by the Federal Motor Carrier Safety Administration
- Maintenance logs kept by the trucking company
- Testimony from the truck driver about what happened
- Black box data from the truck
- Inspections by experts and engineers
- Manufacturer recalls (if applicable)
Using this evidence, we can argue the truck crashed because of a mechanical defect and the entity responsible should pay our client compensation.
Reach Out to An Experienced Truck Accident Firm
Truck accidents send too many motorists to the hospital with shocking injuries. Accident victims and their families benefit from hiring a steady, experienced law firm like Ball, Kirk & Holm. Call our office to learn more about how we help injured motorists with truck accident claims in Cedar Falls and other towns around Iowa.