Equipment failure can cause truck accidents. Determining liability can require multiple parties, extensive investigations, and the guidance of an attorney. These accidents can have devastating long-term consequences for those involved. This blog explores the common equipment failures that lead to truck accidents, the process of determining liability, and the compensation you are entitled to.
Common Issues That Cause Equipment Failures in Trucks
Overloading
If a truck is too heavy, the risk of multiple equipment failures can increase. Overloading can lead to tire blowouts, making controlling such a large vehicle difficult. Overloaded trucks will also take longer to come to a complete stop, possibly leading to brake malfunction.
Misalignment
If a truck’s tires are misaligned or the brakes are stronger or weaker in some areas, it can lead to jackknifing. If a truck’s load has been improperly packed and one side is heavier than the other, it can cause balance issues and affect the driver’s control of the vehicle.
Overheating
If a truck moves too fast for too long, is overloaded, or the driver brakes too hard, the truck’s equipment may overheat. Overheating can cause brake failure, making slowing down or stopping at crucial moments impossible.
The driver and trucking company are responsible for ensuring they take regular breaks. Still, if the driver is under pressure to reach a location quickly, they may drive for long periods without stopping, leading to the engine overheating, especially in hot climates.
Neglected Maintenance
Maintenance is crucial to ensuring a truck’s road safety. Any vehicle driven regularly must be checked often to guarantee no wear and tear or faulty equipment.
Trucking companies should routinely replace components like tires and brake pads to avoid malfunctions. Equipment failures are highly likely if this maintenance isn’t performed on schedule, especially for long-haul trucks.
Unsafe Driving
If the truck driver is prone to unsafe driving practices, it can lead to malfunctions and equipment failure. Sudden stops, braking too hard, and speeding increase the risks typically associated with trucks. If the driver operates the vehicle under the influence of drugs or alcohol or while fatigued, errors are much more likely.
Common Injuries Caused By Truck Accidents
Many injuries sustained in car accidents can also happen in a truck accident. Yet, the severity of the injuries is often much more severe and sadly, fatalities are common in truck accidents. Some of the injuries caused by truck accidents include:
- Brain injuries. Brain injuries can range from a run-of-the-mill concussion to traumatic, permanent damage.
- Burn injuries. If a fire or explosion results from the accident, severe burns may occur, which can mean an extended, painful recovery.
- Spinal injuries. If the spinal cord is damaged, it can lead to paralysis or a loss of motor function, which can require lifelong medical care. Whiplash and vertebral fractures can also cause chronic pain conditions.
- Limb loss is prevalent among truck accident victims. Amputations can significantly impact their quality of life, ability to work, and independence.
Why Determining Truck Accident Liability is Complicated
In a car accident, the liable party is typically the person who caused the accident. However, it can be highly complex to determine who should be held responsible in truck accidents, primarily when the accident was caused by equipment malfunction.
Liability can fall on the truck manufacturer, the trucking company, the maintenance team, or the driver. In some cases, it can be a combination of parties. For example, if management only encourages the maintenance team to perform cursory checks, both parties will be liable if equipment failure leads to an accident.
Thorough investigations are required to determine the cause of the accident and pinpoint the malfunction. These investigations can take time and may be complicated if the trucking company destroys evidence or refuses access to the vehicle. In many scenarios, San Diego truck accident lawyers need to obtain subpoenas to force compliance.
There are numerous potential reasons for equipment malfunction, and trucking company owners will often refuse to settle unless their negligence has been proven. Their lawyers may use various tactics to delay investigations and disguise crucial evidence to avoid paying a settlement.
An experienced attorney is vital in these situations, as they have the expertise to navigate complex legal minefields. Communicating with insurance providers alone leads to a significant power imbalance, as they are fully versed in the law, while the injured party is not.
Damages an Injured Party Can Claim
If you or a loved one has been injured in a truck accident, you have the right to claim damages from the liable party. Your attorney will help you calculate your damages, and they will fight to win you the settlement amount you deserve. Some of the damages you can claim include:
Medical expenses
You can claim compensation for all the money you have spent or will spend on treatment, medication, hospital admissions, emergency transport, physical therapy, and long-term care. These include your insurance deductible and any specialist consultations or procedures not covered by your health insurance.
Lost wages
Income affected by your injuries must be considered when calculating damages, as serious injuries can lead to extended absences from work. If the injuries are severe and require extended hospital stays, your sick leave days will typically run out quickly, meaning you won’t earn any income while recovering. You may even lose your job if you need to take time off.
Property damage
If your car, phone, computer, musical instruments, furniture, or any other personal property was damaged in the accident, you can claim the cost of repair or replacement. Car repair can be exceedingly costly, and if it cannot be repaired, the replacement cost can be extravagant, especially if you are still paying off the destroyed vehicle.
Lost earning potential
Some injuries can lead to permanent disabilities that affect one’s ability to perform specific career tasks. This could mean finding a different job with a lower wage or never being able to work again.
Your attorney will consider all previous income statements and calculate what you would have earned, any potential promotions, and workplace benefits such as health insurance to determine the amount you have lost due to the accident.
Pain and suffering
Pain and suffering refer to the physical and emotional turmoil caused by the accident. Many accident victims experience immense mental consequences such as anxiety, depression, and PTSD, which can have a substantial impact on quality of life.
Chronic pain can also lead to considerable distress and affect all facets of daily life. Although invisible damages may be more challenging to quantify, our attorneys at HHJ Trial Attorneys have dealt with numerous pain and suffering claims and have extensive experience calculating fair settlements.
Navigating the Consequences of a Truck Accident
Truck accidents caused by equipment failure can be convoluted and often require a lot of back and forth between the plaintiff and the defendant. If you or a loved one have been injured in a truck accident, contact HHJ Trial Attorneys for expert guidance on securing compensation.
