There are many ways that a truck accident can happen. Whether it’s the truck driver’s fault, the company can be held legally responsible if the truck has any defects or malfunctions. If you or a loved one have been in an accident caused by a truck’s defects or malfunctions, you might wonder if you can file a personal injury case.
The answer is, unfortunately, it depends. While you may have a strong case, it will ultimately come down to the details of your accident and what can be proven. In this blog post, we’ll review some factors that will affect your case so you can get the compensation you deserve.
What are the Common Causes of Truck Accidents?
Many factors can contribute to a truck accident. Some of the most common include:
- Driver Fatigue
- Distracted Driving
- Poor Weather Conditions
- Poor road conditions
- Defective truck parts
These factors can put truck drivers and other motorists at risk. If a truck driver is tired, they might fall asleep at the wheel. They might not see another car in their blind spot if they’re distracted. And if the truck has defective parts, it could lead to a brake failure or other serious issues.
The trucking company could be liable if these factors cause a truck accident. This is because trucking companies are responsible for ensuring their trucks are in safe working condition, and their drivers are well rested and not distracted.
How does I Know if the Truck’s Defects and Malfunctions Were the Cause of the Accident?
There are a few ways to tell if the truck’s defects and malfunctions were the cause of the accident.
One is to look at the police report. The police report will document the cause of the accident and any relevant details. If the truck’s defects or malfunctions were the cause of the accident, it should be noted in the report.
Another way to tell if the truck’s defects and malfunctions were the cause of the accident is to look at the truck’s maintenance records. These records will show if the truck was properly maintained and any repairs were made before the accident. If the truck wasn’t properly maintained or there were known defects that weren’t repaired, the truck’s defects and malfunctions likely caused the accident.
Can I File a Personal Injury Case if the Truck’s Defects and Malfunctions Caused the Accident?
If the truck’s defects and malfunctions caused the accident, you might be able to file a personal injury case against the trucking company. You’ll need to prove that the company was negligent in maintaining the truck or repairing known defects.
What if the Trucking Company Says the Accident wasn’t Their Fault?
If the trucking company says the accident wasn’t their fault, you’ll need to prove that it was. Showing that the company was aware of the defective truck parts or that the driver was fatigued or distracted at the time of the accident can do this.
An experienced personal injury attorney can help you gather the evidence you need to prove that the trucking company was at fault for the accident. They can also negotiate with the trucking company on your behalf to get you the compensation you deserve.
If you or a loved one have been in an accident caused by a truck’s defects or malfunctions, contact an experienced personal injury attorney today.
How Can Garcia and Phan Southern California Personal Injury Attorneys Help You?
Garcia and Phan have experienced Southern California personal injury attorneys who have successfully represented many clients in cases involving truck accidents. If you or a loved one have been in an accident caused by a truck’s defects or malfunctions, we can help you too.
We will investigate the accident and gather the evidence you need to prove that the trucking company was at fault. We will also negotiate with the trucking company on your behalf to get you the compensation you deserve.
Contact us today at (714)-586-8298 for a free consultation.