Determining legal liability can be very difficult because typically many individuals are involved. If you think about the construction of a large commercial truck, many different parties are responsible for putting different parts in order. When one of those parts fails such as the brakes or a trailer mishap, it is difficult to pinpoint the exact individual who is responsible. Many different parties help construct truck parts and implement them correctly. Since trucks carry so much weight, a lot of pressure is put on their brake system. The Federal Motor Carrier Safety Administration conducted a study on truck crashes and found that 27% of trucks have brake problems. When truck brakes fail or a trailer detaches, serious accidents can occur.
The Insurance Institute for Highway Safety reported 4,102 fatal truck crashes in 2017. Many factors played a role in these accidents from occurring including brake failures and trailer malfunctions. Determining who is responsible can be difficult because so many parties are involved. If you have been involved in a truck accident, contact an attorney at ELG to help you investigate who the at-fault party is.
Who Is The At-Fault Party?
Truck Manufacturer- When truck brakes fail, there could be a malfunction with then entire brake system or it could be a smaller issue. The manufacturer is responsible for making sure the entire brake system works properly. They need to ensure their products don’t have any problems when constructing brake systems. They are also responsible for ensuring the trailer system is reliable. If the trailer disconnects, they could be held liable for an accident.
Mechanic- Truck companies will hire a third party mechanic to complete repairs on different parts of the truck. If they fail to report a brake problem or trailer malfunctions, they could be the at-fault party. Their job is to detect problems ranging from brake failure to any trailer issues.
Truck Company- The truck companies hire truck drivers and mechanics to operate their trucks. It is their responsibility to make sure they are hiring reliable individuals to drive their trucks and detect any malfunctions. The company itself can be held liable if they don’t hire qualified personnel.
Cargo Crew- The loading crew needs to make sure they attach and secure a trailer properly or they will overload the brakes, which could lead to brake failure or a trailer randomly detaching. There are strict guidelines when loading freight to avoid malfunctions. The cargo crew could be at-fault if they fail to follow specific loading guidelines.
Truck Driver- The driver could be at-fault in the event of an accident involving brake failure or a runaway trailer if they knew about these issues and failed to report them. If a driver continues to drive on faulty brakes or a trailer not hooked up properly, they will be held liable. They are responsible for recognizing those unsafe conditions.
Contact An Arizona Truck Accident Attorney
If you have been involved in a truck accident due to brake failure or a runaway trailer, contact a truck accident attorney to help you determine the liable party. The Arizona truck accident attorneys at ELG can help you investigate all potential parties responsible. Our attorneys want to ensure you receive the compensation you deserve so they will assist you every step of the way and keep you involved in major decisions. Contact us today at either Phoenix or Mesa Arizona law offices at (623) 321-0566 for a consultation.
The post Who’s to Blame for Faulty Truck Brakes & Runaway Trailers? appeared first on Escamilla Law Group, PLLC..
source https://www.elgphx.com/whos-to-blame-for-faulty-truck-brakes-runaway-trailers/
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