Equipment Failure and Inadequate Maintenance

Equipment Failure and Inadequate Maintenance Accident Attorney in Texas

When a serious truck accident occurs, it is generally reasonable to assume that someone has been negligent in causing it. Most commonly, that fault lies strictly with the truck driver due to a mistake that was made in the moments just prior to the collision. However, there are some cases where the accident was instead caused by equipment failure or inadequate maintenance. Aside from operating their vehicles safely, truck drivers and trucking companies have a duty to perform maintenance needed to keep vehicles safe and roadworthy. However, even when maintenance has been performed, there is always a chance that a defective part has been installed or that a working part has been installed incorrectly.

At the Law Office of Shane R. Kadlec, we conduct skilled investigations into each truck accident in our efforts to uncover and prove the cause of the crash. We partner and hire the best industry experts and have them testify in trials to explain all of the failures that contributed to the crash.  Our legal team takes on the legal work so that you can spend this time focused on your personal healing while we pursue compensation for you.

Defective Truck Components That Can Cause Accidents

Even the most cautious of truck drivers can lose control of their vehicle and find themselves involved in a serious accident very quickly should certain components of their vehicle fail. Common defective truck parts that lead to accidents include:

• Brakes - If a driver cannot stop due to defective brakes, they may be unable to avoid striking another vehicle, or even a person who is walking or riding a bike. It is not always possible to steer away from others quickly enough upon realizing that one's brakes are not working properly. Because commercial trucks usually use air brakes, problems with components of these systems, such as leaking air hoses, may lead to brake failure.
• Steering systems - When a truck's steering system fails, a driver's only option is to brake hard. If there is traffic around, it is highly likely that a driver who loses steering capability will strike someone else.
• Tires - When tires blow out, a truck driver may lose control of their truck, or they may be unable to avoid a rollover accident. Tire blowouts often lead to multi-vehicle accidents.
• Trailer couplings - If a trailer becomes detached from at truck during transit, it may collide with other vehicles and cause serious injuries.

Liability After an Equipment Failure Accident

Cases in which a defective vehicle component causes an accident frequently represent the intersection between truck accident claims and products liability litigation. Liability in these cases rests with the party responsible for the defect that caused the crash. This is frequently the manufacturer of the part that failed.

However, if the issue is not the product itself but the manner in which it was installed, then liability may instead rest with the mechanic or vehicle technician who installed the part in a negligent manner. Your attorney will likely conduct a fact-specific analysis to determine who to file a claim against.

Liability After Inadequate Maintenance Causes an Accident

A truck driver or trucking company that was negligent in maintaining a vehicle will generally be liable for the damage resulting from a repair that should have been made but was not. For example, if a truck's brakes have been slowly wearing down, and braking has been getting increasingly difficult, the driver has a duty to report this issue and ensure that brakes are repaired so that the truck will be safe to drive. If he does not, or if a trucking company fails to repair brakes correctly, and the brakes finally fail and lead to a crash, the truck driver and/or their employer may be held liable.

In this event, from a legal perspective, it is as if the driver or company had taken any other careless action that contributed to the accident. In the case of truck accidents, the agency that owns the trucks is more likely the liable party than the truck driver, although it could go either way depending on whose duty it was to ensure that maintenance was performed before allowing the truck back on the road.

Contact a Harris County Truck Equipment Failure Accident Attorney

At the Law Office of Shane R. Kadlec, we are skilled in investigating to determine who the responsible party is after equipment failure or inadequate maintenance causes a truck wreck. We can pursue compensation from any parties who may be liable to you so that we can win you the highest possible settlement or award. Contact us at 281-962-8949 for a free consultation.