Who is Liable to Compensate Victims of Truck Accidents Caused by Equipment Failure?

When equipment failure is found to be cause of an accident, the investigation will focus first on the truck driver and the trucking company because it is their responsibility to inspect the equipment and determine that it is in proper operating condition.

Investigating an Accident Caused by Equipment Failure

Proving liability in any accident requires gathering evidence and establishing the legal elements of negligence. Investigating an accident caused by equipment failure involves a thorough examination of the accident scene, gathering evidence, and analyzing the equipment involved. Here are the steps typically followed in such investigations:

• Accident scene assessment: Investigators begin by visiting the accident scene to assess the physical evidence. They examine the vehicles involved, noting any visible damage, tire marks, skid marks, or debris that may provide insights into the cause of the accident.
• Collecting information: Investigators gather information from various sources, including eyewitnesses, drivers involved, and any available surveillance footage. Eyewitness accounts can help establish the sequence of events leading up to the accident and provide additional details about the equipment failure.
• Documenting the equipment: Investigators thoroughly document the condition of the equipment involved in the accident. This includes taking photographs, measurements, and detailed notes about any visible damage, defects, or signs of failure.
• Retrieving data: If the vehicle is equipped with event data recorders (EDRs) or electronic control modules (ECMs), investigators retrieve the data from these devices. EDRs and ECMs can provide valuable information about the vehicle’s speed, braking, engine performance, and other relevant data leading up to the accident.
• Expert analysis: In cases of equipment failure, experts may be called upon to analyze the equipment involved. These experts, such as mechanical engineers or forensic specialists, examine the equipment, conduct tests, and provide their professional opinion on the cause of the failure.
• Maintenance and inspection records: Investigators review the maintenance and inspection records of the vehicle to determine if proper maintenance procedures were followed. They check for any previous issues or repairs that may have contributed to the equipment failure.
• Compliance with regulations: Investigators also assess whether the trucking company and driver were in compliance with relevant regulations and safety standards. This includes reviewing records related to driver qualifications, hours of service, vehicle inspections, and maintenance logs.

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Bringing a Claim for Injuries Caused by an Equipment Failure Accident

People hurt in an accident when the equipment fails on a commercial vehicle are generally entitled to compensation.  The next step for the injured party is to show the extent of their damages.  The forms of compensation which may be available include (but are not limited to):

• Medical bills
• Past and future lost income
• Pain and suffering
• Disability (failure to enjoy a normal life)
• Wrongful death (if there is a loss of life)
• Scarring
• Emotional distress/mental anguish
• Loss of consortium
• Property damage
• Out of pocket expenses

Wrongful Death Actions

If your loved one died as a result of injuries sustained in a trucking accident caused by equipment failure, you may have the right to file a wrongful death claim on their behalf.  Typically, close family members, such as spouses, children, parents, and siblings may pursue a wrongful death action. The compensation you receive will never replace the loss of your loved one, but it will allow you to be compensated for medical bills, funeral expenses, lost financial support, and compensation for your grief and emotional distress.

Contact a Truck Accident Lawyer Today

A trucking accident involving equipment failure can leave you injured, with high medical bills, the inability to work, and pain and suffering.  VanDerGinst law can help you get the compensation you need and deserve.  Call today 800-960-8529 or click here.`

The Importance of Legal Representation

If you are injured in a truck accident, you deserve fair and just compensation. Though money won’t take away your pain, it can help you get the care you need, or assist family for any loss they suffer due to the accident victim’s injuries or death.

Truck accidents are complex and may involve multiple parties subject to different rules and regulations. An experienced personal injury attorney can fight for your rights and make sure that all parties are held responsible. If you or a loved one has been involved in a truck accident involving a drunk driver or a driver under the influence of drug, the truck accident lawyers of VanDerGinst Law can help.  Call 800-960-8529 or click here for a FREE, no obligation consultation.

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