Truck accidents are often serious but they may not always be caused by the negligence of the driver. Unbelievable as it sounds, tire blowout is one of the leading causes for such mishaps. The most unfortunate thing about the truck crashes caused by defective tires is that they could have been prevented in most of the cases. When it comes to claiming compensation, the most critical aspect in such mishaps is determining the fault. Whom will you hold responsible for your injuries? Who will be liable to compensate you? Here are people who can be held accountable depending on the circumstances of the accident.
As a rule of thumb, there are a few norms and regulations that the truck driver has to follow before every trip. These include pre-trip inspection and load checks of the vehicle. Additionally, regular general maintenance, brake, mirror and reflector checkups and tire inspections are a part of their responsibility. If the driver fails to follow this checklist before a trip, they may be held responsible for the accident. A personal injury attorney examines the evidence and records to verify when the inspections had been done and whether the regulations were adhered to. Accordingly, they can help you sue the trucker for their negligence.
The tire manufacturer may be at fault when the tires are defective. In such cases, you can file the claim against the manufacturer. Often, manufacturers recall tires because of problems with tire tread and adhesions but they are discovered only after mishaps take place. Experts at Krzak Rundio Law Group state that proving a claim against a manufacturer is tough as you will have to provide evidence that the blowout was caused due to a manufacturing defect. At the same time, the manufacturer should have been aware that there was a problem but did not do anything to rectify the situation. This may be hard to validate but an experienced lawyer can still do it with the help of field experts.
In yet another type of defective tire truck accident, the maintenance company may be responsible. This can happen because they were negligent with tire mounting and other services. If the accident happens because a third party truck maintenance company was negligent with their job or failed to do something required, they can be held liable for the mishap. Apart from negligence, they may also be at blame if they had untrained technicians handling the maintenance job or failed to adhere to the OSHA regulations. Once again, the investigations conducted by your attorney can establish the truth in your case.
Truck accident cases are complex by default and the ones that are caused by defective tires can be all the more complicated. Unless you are able to prove the fault, getting the compensation claim can be tricky. Still, you should not lose hope because expert truck accident lawyers can help you get justice and the settlement you deserve. The only thing you need to do is be aware of your rights and have the right professional handling your case.