Truck Defects & Legal Options for Accident Victims
After a truck accident, a victim often assumes that the truck driver or perhaps the trucking company was at fault. This is not always the full story. Some truck crashes result from a defect in the truck or a component of the truck, which may mean that the manufacturer of the truck or component was at fault. A defect can affect virtually any part of a truck, but some common examples include:
- Brakes
- Tires
- Mirrors
- Steering systems
- Headlights or taillights
- Hitches connecting a truck to a trailer
Sometimes parties beyond the truck manufacturer may share the fault. If a trucking company finds out about a defect but allows the truck to remain in service, it may be liable to anyone in another vehicle who was injured in an accident caused by the defect. A truck driver also may bear some responsibility for a crash if they failed to find a defect that should have been identified through a proper inspection.
Legal Theories in Truck Defect Cases
When a victim sues a truck manufacturer for injuries caused by a defective product, they may rely on a strict liability theory. This differs from the negligence theory that forms the basis of most personal injury cases. In a strict liability claim, a victim does not need to show that a defendant failed to use reasonable care, as is required in a negligence claim. They must show only that the truck part was defective and that the defect caused their injuries. However, some states do not recognize strict liability claims, and victims in those states may need to pursue negligence claims against manufacturers. If they are suing a trucking company or truck driver, meanwhile, a victim probably will need to bring negligence claims against those defendants.
Products liability claims related to truck accidents usually involve design or manufacturing defects. A design defect means that the product was inherently unsafe, regardless of how it was made, assembled, or installed. Manufacturing defects are individual errors during the process of making or assembling a truck or component. Only one item or a certain group of items will contain a flaw, rather than the entire product line. A marketing defect also may support a claim if the manufacturer failed to warn about the risks of using a product or explain how to use it safely, but these situations are rare in truck accident cases.
Damages for Victims of Truck Defects
An accident victim can recover both economic and non-economic damages if they prove the liability of a manufacturer or another defendant. Economic damages account for monetary losses, such as lost income, property damage, and the costs of past, present, and future medical treatment. Non-economic damages account for non-monetary harm and tend to be more subjective, such as pain and suffering and lost enjoyment of life.
Some collisions caused by truck defects lead to a tragic loss of life. When this happens, the estate and family members of the victim can receive distinctive types of damages. The estate can recover damages for medical costs and other losses for which the victim could have received compensation if they had survived. Family members can recover damages based on the loss of their relationship with the victim, such as the loss of support, services, consortium, and guidance.