In 2021, there were 2,336 truck accidents in the State of Oregon. When vehicles are of substantial size, the damage they can do is extensive. Whatever the immediate cause of the accident, there may be a factor in your truck accident case you’ve yet to consider.
Manufacturing defects can occur in many different products, including large commercial trucks. If faulty parts, defective design, or mechanical issues caused the truck to crash into you, causing serious injury, you may be entitled to a claim against the manufacturer of the vehicle. This branch of personal injury law is known as product liability.
At Johnston Law Firm, we have experience handling a variety of Oregon truck accident cases. We aren’t afraid to go up against big corporations, as our focus is getting you the justice you deserve after your harrowing truck accident experience. Contact us today for a free consultation on your case.
Parties Who Can Be Held Responsible in Truck Accidents
Any kind of commercial personal injury lawsuit often involves multiple parties, which can complicate things. It is vital to have a personal injury attorney by your side to make sure that the right parties are held responsible for your injuries. In truck accidents, key parties include the truck’s driver, his or her trucking company, maintenance or repair workers, and the truck manufacturer.
The truck driver
The driver of the vehicle who caused your accident is usually the most obvious person to pursue in a personal injury claim, and truck accidents are no exception. Truck drivers are held to a higher standard.
Federal trucking laws require drivers to inspect their vehicles daily, fill out inspection reports, and maintain driver logs. The driver may be held accountable for an accident he or she caused while under the influence of alcohol or drugs, or while breaking traffic laws, such as speeding or driving while very fatigued, or due to many forms of negligence.
The trucking company
The driver’s employer may share liability in a truck accident if they failed to give the driver proper training or failed to enforce safety regulations. Additionally, their maintenance policies should be checked to see if these contributed to the accident.
Maintenance or repair contractors
Maintenance is sometimes done in-house or even by the driver of a privately owned truck. However, in many instances, repair and maintenance workers are hired to maintain these 18-wheelers.
If that is the case in your truck accident, these workers have a responsibility to make sure that they perform high-quality repairs and maintenance, addressing all safety issues before a truck goes out on the road. Failure to do so can open them up to liability for negligent work.
The truck manufacturer
Manufacturers are not usually the first party looked at for liability in a truck accident. Yet, they may be culpable if an investigation proves that a mechanical defect or faulty parts caused the crash. You should have a lawyer examine your case carefully so you may be advised on whether or not it may be possible to hold the manufacturer liable in your truck accident case.
In reality, accidents are complex, and there isn’t always just one person at fault. There may be multiple parties that share liability in your case. The best way to make sure that the appropriate parties are held accountable is to act quickly to find a legal team who will defend your rights and gather evidence to support your claim.
Can You Hold the Manufacturer Liable in Your Truck Accident Case?
While manufacturers may be the most removed from the scene of the accident, they may still be found accountable for any defects in their products. Several different kinds defects may have caused the truck accident.
These defects include:
- Design defects
- Manufacturing defects
- Marketing defects
Design defects are often dangerous flaws in the design of the product – even if all the individual parts were used correctly, the unsafe design can cause serious malfunction. Manufacturing defects occur when the design is safe but there is an error or faulty workmanship in the manufacturing process. Or else defective parts were installed and caused serious issues.
Marketing defects include when there are inadequate warnings about the risks to users of the product. Manufacturers are responsible for warning consumers of such dangers.
If a recall has been issued for a specific make of truck, it means that the manufacturer knows that there is a defective part or engine malfunction. The manufacturer must legally make attempts to reach all the vehicles on the road that are affected by the recall.
If the truck involved in your accident had a recalled part or was recalled itself, the manufacturer and other distributors may be found liable for failure to remove the truck from circulation. A thorough investigation and accident experts are needed to ensure that the responsible parties are identified.
In the aftermath of a truck crash, you should be focused solely on your recovery. That’s why you need a trustworthy lawyer by your side to oversee the crash investigation and hold the right people liable for what you have suffered. Johnston Law Firm wants to help people like you who have been injured at the hands of negligent manufacturers.
Common Truck Defects
There are three main types of defects involved in product liability cases, as mentioned above. In truck accidents, there are some commonalities in defects and faulty manufacturing seen time and again.
Some of these problem areas include:
- Braking system
- Tires
- Steering systems
- Mirrors
- Locking mechanisms
- Coupling or hitch connections
- Headlights or taillights
If the failure of one or more of these essential parts and systems had an impact on your truck accident, you may have a valid claim against the manufacturer.
Vehicle defects are serious, and even more so when that vehicle weighs 25,000 to 50,000 pounds or more. Faulty or shoddy manufacturing needs to be corrected, and failure to do so means those responsible open themselves up to liability for any accidents that result. Check to see what kind of claim you may be eligible to file.
How Johnston Law Firm Can Help
Truck accidents involving commercial semis can be complex legally. They require a lot of evidence, experts, and in-depth knowledge. Trying to deal with an insurance claim or lawsuit by yourself while recovering from injuries can be overwhelming.
Johnston Law Firm wants to help those who have suffered at the hands of those responsible for the production and distribution of dangerous trucks. We have extensive experience in handling truck accident injury claims.
Our personal injury attorneys can help you go up against the liable manufacturing companies and hold them accountable. Contact us today for your free initial consultation, or complete our free, confidential case evaluation form.