Legal•Info

Truck Accidents And Product Defects

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A truck accident often results in tragic consequences for the people involved. There are an estimated 500,000 truck accidents in the United States every year, with people sustaining minor to severe injuries in most truck accidents, and 10% of accidents these resulting in death.

If you or your loved one has been involved in a truck accident, you may be entitled to receive damages and compensation for your injuries (or for the death of a loved one). Either a personal injury claim or a wrongful death claim can be brought against the responsible parties, depending on how serious the injuries are and whether any death has occurred.

The primary legal theory of liability in commercial truck accident cases is "negligence." In order to have an actionable claim against a defendant, the plaintiff must prove that this defendant was negligent that they failed in their duty to exercise reasonable care under the circumstances, and the plaintiff's injuries were a result of that failure.

Lawsuits arising from truck accidents usually require that the plaintiff prove the negligence of the truck driver or the trucking company, which was the cause for the injuries sustained. But there is another aspect of truck accidents that of product defects.

A truck accident can occur because of some defect in the truck which caused the truck to malfunction, thus resulting in the accident. If the truck accident was a result of any product defect, you may have a valid claim against all the people who were involved in putting that truck on the road. It's important to contact a personal injury lawyer who specializes in truck accidents as soon as possible after your accident, so that they can ascertain whether or not you may have an actionable claim, and take steps to secure the necessary evidence.

Defective Trucks and Product Liability

If you have been injured by a defective truck, you can bring a product liability lawsuit against the responsible parties. Under the product liability rule, every manufacturer of any product has the responsibility to provide the public with a product that is reasonably safe and does not have any dangerous defects or deformities. You need to contact a qualified truck accident lawyer with experience litigating truck accidents in your jurisdiction. They will use their expert knowledge and experience to sort through the facts and get you the maximum amount of compensation possible.

A product defect can be a defect in the manufacturing process, or a defect in the basic design of the truck. The truck cannot be falsely advertised; if there are any dangers associated with handling the truck, the manufacturer has the duty to warn the customers about such dangers. Failure to provide adequate warnings can also be deemed a product defect for a personal injury claim.

If the truck accident that you are involved in was caused because of some kind of dangerous product defect in the truck, you can hold all the people in the entire chain of distribution responsible for the truck accident. This includes the truck maker, the wholesaler, any retail sellers, and anyone else responsible for bringing the defective truck into the market. The law states that all people who are responsible for providing a product have to take reasonable care in making the product, inspect it for any defects, and also have to issue any necessary warnings or directions for operation. If any party has not taken the utmost care, then all the people can be held negligent and can be sued for your injuries.

If the truck reached the end user in the condition in which it was manufactured, and the condition of the truck was not altered in any manner making it more dangerous, then you have a valid claim for any injuries arising out of a truck accident because of the defective truck.

If you think a product defect caused your truck accident, you should consult with an attorney, who is not only experienced in truck accident cases but also in product defect and product liability personal injury claims. An attorney will be able to advise you of all your legal options and can also help to recover the maximum settlement possible.