Determining when a Manufacturer is Liable for a Truck Accident
Thousands of big rigs, transport trucks, and 18-wheelers are on the roads in Texas every day. It is not surprising then, that many of them are involved in accidents. According to the Federal Motor Carrier Safety Administration, Texas is consistently among the top states for truck accidents, along with California and Florida. If you have been involved in a crash, it is critical to determine the cause so you know who to hold liable. Below, our San Antonio truck accident lawyer explains when a manufacturer may be to blame for a crash.
Potential Liable Parties for a Defective Truck or Part
The trucking industry is highly regulated and many different parties may be liable for a truck accident. Manufacturers and other parties are all responsible for making sure any truck or equipment on the road is safe and free of defects. Liable parties can include:
- Any manufacturer that produces a defective truck or faulty equipment
- Any retailer that sold the defective part, particularly if a recall for that part was issued
- Any trucking company that permitted a dangerous truck to be on the road
- Any truck driver who did not properly inspect for defective parts
- Any party responsible for maintaining or inspecting the truck
The above parties all have teams of lawyers and investigators who will visit the scene of a crash. They will try to hide any defect or other proof of liability, which will hurt your case. It is important to have a lawyer working for you too, so you know your rights are protected.
Types of Property Liability Claims After a Truck Accident
Personal injury claims involving defective trucks or products fall under the area of product liability law. Product liability claims fall into three general categories, which are as follows:
- Design defects: A defect in the design process occurs even before the product is manufactured. When a product has a design defect, they pose a risk to others even if they are manufactured, installed, and used correctly. For example, the design of the interior of a trailer may not include belt clips, which means there is no way to securely store cargo and prevent an accident.
- Manufacturing defects: Sometimes a product is designed safely but a mistake occurs when the product is actually manufactured. This happens more commonly than people think. Using the same belt clip example above, the design of the clips may specify that the clips need to accommodate certain weights, but those standards are not met during the manufacturing process.
- Failure to warn: Also known as a marketing defect, a product can pose a risk when the manufacturer fails to warn of inherent dangers associated with using a product. Staying with the same example, manufacturers should include a warning for truck drivers that a belt clip can only accommodate a certain weight.
Our Truck Accident Lawyer in San Antonio Can Determine Liability for Defective Trucks
Truck accidents caused by defective parts are far more common than people think. At the Law Office of Israel Garcia, our San Antonio truck accident lawyer can determine who is to blame for a crash and hold them accountable for paying the maximum settlement you are entitled to. Call or text us now at 210-LAW-9999 or chat with us online to request a free consultation.
Source:
fmcsa.dot.gov/safety/data-and-statistics/2016-commercial-motor-vehicle-traffic-safety-facts-sheet
