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Who Is Liable For A Truck Accident Caused By Defect?

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There are many reasons why truck accidents occur on the roadways in Florida every day, and most are caused by the negligent or reckless acts of the truck driver; however, in some cases an accident is caused by a defect in the truck itself. When an accident is caused by a defect, who is responsible for the injuries that result? At Earnhart Law, our dedicated Delray Beach personal injury attorneys can help determine who is liable in a defect case and get the compensation that our clients deserve for their injuries. To learn more, call or contact our office today to schedule a free consultation.

Manufacturer Liability

In some cases, the manufacturer of the truck parts and equipment may be held liable for accidents caused by a defect in their parts. Defects at this stage can either be in their design or in the manufacture of the part. Design defects refer to a fundamental flaw in the idea, whereas manufacturing defects occur in the factory when the part is being assembled. The manufacturer of the truck part that failed can be held responsible for injuries if a design or manufacturing defect led to a truck accident.

Truck Driver Liability

Truck drivers can also be liable in accidents caused by a defect. Drivers can be held responsible if they own their truck or are responsible for the truck’s upkeep and fail to properly maintain the vehicle. Defects in a truck can be caused by improper maintenance and allowing the part to break or otherwise become defective. Improper maintenance of brakes, lights, and tires are common examples of this issue.

Truck Company Liability

Similarly, if a truck company owns the truck and is responsible for its maintenance, it may be liable if an accident occurs due to a defect in the vehicle. Lack of knowledge is no excuse to avoid liability if a truck company refuses to maintain their vehicles on a regular basis. If the company knew or should have known about a defect in their truck that causes an accident they may be held liable for the damages.

Mechanic or Repair Shop

Finally, a mechanic or repair shop might be liable for a truck accident caused by defect if their work caused the defect or if the defect was missed due to their negligence. If a mechanic breaks a piece of equipment while fixing the vehicle and it causes an accident, they may be held responsible for the injuries that result. Relatedly, if the repair shop does a negligent job in checking the vehicle for existing defects that ultimately cause an accident, they may also be held liable for the damages. For more information on who may be responsible for a truck accident caused by a defect in the vehicle, talk to our office today.

Call or Contact Us

If you or a loved one has been injured in a truck accident around Delray Beach the experienced attorneys at Earnhart Law can help. Call the office or contact us today to schedule a free consultation of your case.

Resource:

law.cornell.edu/wex/design_defect#:~:text=In%20a%20products%20liability%20case,the%20primary%20purpose%20behind%20the

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