Failing Brakes And Faulty Tires Often The Cause of Truck Accidents

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Because semi-trucks are large vehicles with many moving parts, trucking companies and owner-operators must be proactive with maintenance to ensure their rigs are safe for highway travel. Unfortunately, equipment issues such as failing brakes and tire blow-outs are the cause of nearly one-third of truck accidents in West Virginia and across the country.

When a truck’s brakes or tires fail and an accident occurs, there are numerous parties who could be liable. These include the following:

  • Driver or trucking company: Depending on who owns the truck, the driver or a company may be responsible for vehicle upkeep. This includes regularly checking the brakes and ensuring the tires are properly inflated and in good working condition. A failure to perform these checks could constitute neglected maintenance.
  • Company that loaded the truck: When crews load semi-truck trailers, they must do so in a way that ensures a balanced load and complies with federal limits on weight and distribution. Improperly loading a trailer could place too must stress on tires and brakes.
  • Parts manufacturers: The Federal Motor Carrier Safety Administration has strict regulations governing tires and braking systems on large trucks. If equipment does not meet federal standards, it may not be safe for use on semi-trucks and trailers transporting heavy loads. Injured parties may seek damages from companies that manufacture and sell defective truck tires and brakes.

Considering the large-scale damage that heavy semi-trucks can cause, it’s important for all parties involved in the trucking and shipping industries to take the proper precautions to protect everyone on West Virginia’s roads and highways. That doesn’t always happen, and injury victims may need to seek compensation from liable parties and their insurance providers. Our trucking accident attorneys have both the skill and experience to challenge all responsible parties in your claim.

To learn more about your options after a serious truck accident, meet with a dedicated personal injury lawyer at Kaufman & McPherson, PLLC right away.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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