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Technical fault leads to truck accident. Who’s to blame?

  • Fred Gabriel
    Jun 25 2013, 07:19 AM
    In a heartbreaking accident last month, a trailer came off a truck in upstate New York and slammed into an approaching minivan, killing 7 people, including 4 children. Both the occupants of the truck remained unharmed. Truck-related accidents are becoming an epidemic with 500,000 of them taking place on the roads of this country every year. Ten percent of those involved in these accidents receive fatal injuries, and the prognosis seldom looks good for the survivors.

    As the families of the NY truck accident victims cope with their tragic loss, it’s pertinent to ask what happens to those at fault. We don’t know the details of this particular case, but how much are the truck makers usually responsible in such crashes? Let’s look at that question from different perspectives.

    1. The blame game usually begins with the truck drivers
    Truck drivers are usually the first to be blamed in any accidents involving them, and statistics show that that blame is not generally misplaced. Truck drivers are at fault in the vast majority of truck accidents, with the most common reasons being distracted driving, driving under influence, fatigued or aggressive driving, carelessness, etc. But in case it was not human error but a technical defect that caused an accident, the blame goes straight to vehicle manufacturers.

    2. The truck makers
    Establishing the blame in truck accident cases is a long and drawn-out process. If it was a manufacturing defect that caused the truck to come undone and lead to an accident, the company can be sued for the resultant damages and injuries to the victims. The truck drivers can also sue the makers of their trucks for putting their lives at risk due to faulty or defective manufacturing.

    3. The lawyers
    When a truck company is sued, its seasoned lawyers will do their best to minimize their client’s culpability. At stake here is not just the potential compensation to be paid out to the victims, but also the truck manufacturer’s reputation and their stock price. Anybody fighting big companies will need the best of truck accident lawyers for legal advice and representation.

    4. Other culprits
    In case the offending parts of the truck were manufactured elsewhere, the makers of those parts will be the ones in the dock. Were any safety standards compromised? If the truck was carrying a cargo loaded by a third party, the cargo loaders may be booked for negligence.

    Truck companies are notorious for disowning any responsibility for individual trucks and instead putting the blame on contractors, maintenance teams, or the drivers. Such cases are extremely complicated with a lot of parties involved and a detailed investigation that is time consuming. The victims’ family will be looking at a very testing time.

    Trucks are monstrous creatures and unfortunate people who get in their way are looking at lifelong damage in the form of brain injuries, spinal cord injuries, amputations, and multiple fractures, if not instant death.
    If you know anybody who has been involved in such an accident, suggest them to get in touch with a lawyer immediately. The least that can be done in such cases is for the plaintiffs to be compensated adequately for their physical and emotional pain, and the medical and other expenses arising from the accident. The compensation should be heftier still in case of a loss of life.


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