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Sandy Springs Truck Accident Caused by Defective Equipment
Defective truck equipment, whether due to manufacturing flaws, poor maintenance, or failure to meet safety standards, can lead to catastrophic consequences on the road. The risks are diverse, from brake failures to tire blowouts and malfunctioning steering mechanisms. Understanding the legal landscape surrounding these commercial truck crashes is crucial for any victim seeking recourse.
At Ashenden & Associates, our Sandy Springs truck accident attorneys understand the devastating consequences truck accidents can have on the victims and their loved ones. Our truck accident lawyers are committed to providing compassionate, knowledgeable, and vigorous representation for those impacted by truck accidents caused by defective equipment.
If you or a loved one suffered personal injuries or death from a truck accident in Sandy Springs, contact the Sandy Springs truck accident attorneys at Ashenden & Associates. Schedule a free consultation by calling 770-394-8909 today.
How Many Semi-Truck Accidents Are Caused By Defective Equipment?
A significant number of truck accidents in the United States are caused by defective equipment that has not been adequately maintained. The Federal Motor Carrier Safety Administration (FMCSA) reports that nearly 30% of all accidents involving semi-trucks and 18-wheelers are partly due to vehicle failure. Additionally, over 33% of truck crashes where a vehicle is struck by a large truck can be attributed to this issue.
Common Types of Semi-Truck Accident Injuries
Sandy Springs semi-truck accidents often result in severe and sometimes catastrophic injuries due to the size and weight of these vehicles. Here are some injuries that can occur in semi-truck accidents:
- Traumatic Brain Injuries (TBIs): These injuries can range from mild concussions to severe brain damage. Traumatic brain injuries occur due to the head being violently shaken or struck during the collision. Sandy Springs traumatic brain injury attorneys can help victims recover the medical bills they need to heal from the injury without going into debt.
- Spinal Cord Injuries and Paralysis: The impact of a semi-truck accident can damage the spinal cord, potentially leading to partial or full paralysis. Sandy Springs spinal cord injury attorneys have what it takes to help victims make a full financial recovery.
- Broken Bones and Fractures: The immense force of a semi-truck collision can easily break bones, sometimes leading to compound fractures that require surgical intervention. For more information about the damages you could recover after bone fracture injuries during car wrecks, be sure to contact a Sandy Springs catastrophic injury attorney today.
- Internal Injuries: Internal bleeding and damage to internal organs can occur due to the blunt force trauma of the accident. These injuries are especially dangerous because they may not be immediately apparent.
- Lacerations and Bruises: Flying debris, broken glass, and the sheer force of impact can cause deep cuts and significant bruising.
- Whiplash and Soft Tissue Injuries: These injuries are common in many vehicle accidents, including those involving semi-trucks, and can cause long-term pain and mobility issues. Sandy Springs whiplash attorneys can carefully review your case and help you file a claim to recover financial compensation.
- Burns: The vehicles’ occupants can suffer serious burns if a truck accident leads to a fire or explosion. Contact a Sandy Springs burn injury attorney to learn more about your legal options.
- Amputations: In extreme cases, the severity of the injury to a limb may necessitate surgical amputation. Allow a Sandy Springs amputation attorney to fight for your justice.
- Wrongful Death: Tragically, due to the scale and intensity of semi-truck accidents, fatalities are not uncommon. Sandy Springs wrongful death attorneys can help surviving family members recover damages for funeral expenses, burial expenses, and more.
Following a truck accident, it’s critical that victims contact a Sandy Springs truck accident lawyer to begin filing a personal injury claim. Truck accidents can cause serious injuries like those mentioned above, which can lead to endless medical bills and other related expenses. When truck companies act negligently and allow defective equipment in their vehicles, they should be held responsible for their actions. Truck accident lawsuits can be especially challenging since truck companies have corporate attorneys who will do anything to avoid a payout. To learn more about your legal rights following a truck accident, contact the Sandy Springs truck accident attorneys at Ashenden & Associates.
Common Types of Defective Commercial Truck Equipment
Defective equipment on commercial trucks can be a significant hazard on the road. Here are some common types of defective equipment that are often implicated in truck accidents:
- Brake Systems: Defective or poorly maintained brakes are one of the most common equipment failures in commercial trucks. This can include brake pads, rotors, drums, or hydraulic systems issues.
- Tires: Trucking accidents caused by tire blowouts can result from faulty tires, including those with inadequate tread or improper inflation. Tires can also be defective due to manufacturing flaws.
- Steering Mechanisms: Failure in the steering system can prevent a truck driver from controlling the vehicle effectively, leading to accidents.
- Lighting and Reflectors: Malfunctioning headlights, tail lights, turn signals, and missing or damaged reflectors can reduce visibility and fail to alert other drivers of the truck’s presence or intentions.
- Coupling Devices: Defective coupling devices, including kingpins and fifth wheels, can lead to trailers detaching from the truck, creating extremely dangerous situations on the road.
- Fuel Systems: Leaks or faults in the fuel system can increase the risk of fires, especially in the event of a collision.
- Load Securement Equipment: Improperly secured cargo can shift or fall off the truck, leading to road hazards or causing the truck to lose balance and crash.
- Electrical Systems: Faults in the electrical system can lead to fires or failures of other critical systems like brakes or lighting.
- Transmission Systems: Transmission failures can affect a truck’s ability to change speeds or engage in proper gear, impacting the driver’s control.
Regular maintenance and inspection are crucial to identify and correct these issues before they lead to accidents. This is why the Federal Motor Carrier Safety Administration (FMCSA) has such strict rules and regulations regarding truck equipment maintenance and inspections. Trucking companies should ensure that all truck drivers adhere to the FMCSA’s safety standards and regulations when performing their inspections.
How to Determine Whether Defective Equipment Contributed to a Semi-Truck Accident
Determining whether defective equipment contributed to a truck accident involves a multi-faceted approach, often requiring the expertise of trucking industry professionals. It’s important to understand what caused the truck accident to know what party is liable for damages.
The process begins with an initial truck accident investigation, where evidence such as photos of the scene, the truck’s condition, skid marks, and road conditions are collected, alongside witness statements from the truck driver, other involved parties, and bystanders.
Next, the truck undergoes a detailed inspection by mechanical experts or forensic investigators to identify any signs of equipment failure, and the truck’s maintenance records are reviewed to ensure proper maintenance and addressing of any reported issues.
Many modern trucks are equipped with an Electronic Control Module (ECM) or a similar device, often referred to as a truck’s “black box.” The ECM or black box is analyzed for insights into the truck’s speed, brake application, and other factors during the accident. This investigation also involves verifying compliance with federal and state vehicle maintenance and safety standards regulations.
Consultations with industry experts, including truck mechanics, accident reconstructionists, and transportation safety specialists, provide deeper insights into the accident’s causation. It’s also important to investigate the truck’s make and model for any recalls or known issues, particularly related to the suspected defective equipment. Research into similar incidents involving the same type of truck or equipment can indicate a pattern of defects.
Your Sandy Springs truck accident attorney will conduct their own investigation and evaluate the evidence to determine liability and the role of defective equipment. This part of your truck accident lawsuit is critical to building a strong truck accident case against those responsible for the faulty truck equipment.
Who is Liable for a Semi-Truck Accident Caused by Defective Equipment?
Navigating the complexities of liability in truck accidents caused by defective equipment is critical to understanding your legal rights. In truck accident claims, determining who is responsible can be challenging, as multiple parties might be involved. This is where an experienced Sandy Springs truck accident lawyer can help. The parties that could be held liable in a car accident involving a semi-truck include the truck manufacturer, maintenance company, trucking company, and even the truck driver, depending on the specifics of the case.
The Truck Company
The truck company plays a pivotal role in ensuring the safety and proper maintenance of their fleet, and they can be held liable in cases of truck accidents caused by defective equipment. Trucking companies are responsible for adhering to maintenance schedules, ensuring that all trucks in their fleet are in optimal condition and safe for operation.
They must comply with the FMCSA inspections, repairs, and maintenance regulations. If a truck accident is caused by a failure in performing these duties, such as neglecting regular inspections or ignoring known defects, the trucking company can be found negligent.
This liability extends to ensuring that any third-party maintenance services they use are reliable and thorough. Truck companies are also responsible for proper training and supervision of their drivers to ensure compliance with safety protocols.
In the event of an accident linked to equipment failure, the involvement of the truck company is scrutinized to determine if lapses in their maintenance, oversight, or operational procedures contributed to the truck crash. At Ashenden & Associates, our Sandy Springs truck accident attorneys handle all of this for you.
The Maintenance Company
Trucking companies often contract work with maintenance companies to handle the upkeep of their commercial motor vehicles. Their role is critical in preventing trucking accidents caused by defective equipment.
Trucking maintenance companies are tasked with conducting regular and thorough inspections, addressing any issues promptly, and adhering to the highest standards of repair and maintenance work. If a truck accident is found to have been caused by a failure in maintenance, such as overlooking a defect or improperly executing repairs, the maintenance company can be held liable.
Poor truck maintenance can lead to catastrophic failures in essential truck components, turning them into key players in the investigation and legal proceedings following a truck accident.
The Parts Manufacturer
Manufacturers are responsible for ensuring that each part they produce meets rigorous safety standards and is error-free. The part manufacturer could be liable under product liability laws if a truck accident is traced back to a faulty component, such as a defective brake system or a flawed tire.
In cases where a component’s design, manufacturing process, or inadequate warnings contribute to a truck accident, the parts manufacturer becomes a main figure in the investigation.
The role of the parts manufacturer in providing safe, reliable equipment is pivotal, and any negligence can lead to legal repercussions, including truck accident claims for accident victims.
Our Sandy Springs truck accident lawyers will conduct independent investigations to find all liable parties.
How to Establish Negligence in a Semi-Truck Accident Case
Establishing negligence in a truck accident case requires evidence that the accident was caused by a failure to exercise reasonable care, leading to injury or harm. Your Sandy Springs truck accident attorney will work diligently to gather evidence, like accident reports, witness statements, truck maintenance records, driver’s logs, photographs from the accident scene, and expert testimony. Our Sandy Springs truck accident attorneys understand this evidence is critical in determining which party is responsible for the truck accident.
Another important part of establishing negligence in your truck accident claim is proving the four elements of negligence. A Sandy Springs personal injury attorney can help you do this.
- Duty of Care: Your Sandy Springs truck accident lawyer will establish that the defendant (truck driver, trucking company, manufacturer, etc.) had a legal duty of care towards the plaintiff. In trucking cases, this involves adhering to safety regulations, proper maintenance of vehicles, and safe driving practices.
- Breached Duty of Care: Your Sandy Springs truck accident attorney will demonstrate that the defendant breached their duty of care. This could be through actions like violating traffic laws, failing to maintain the truck properly, or manufacturing a faulty part.
- Causation: Your Sandy Springs truck accident lawyer will prove that the defendant’s breach of duty caused the accident. This requires showing a direct link between the negligent action (like brake failure due to poor maintenance) and the accident.
- Damages: Your Sandy Springs truck accident attorney will document the damages or injuries suffered due to the accident. This includes medical expenses, lost wages, property damage, and non-economic damages like pain and suffering.
How Much Is My Semi-Truck Accident Claim Worth?
Since all personal injury claims, including truck accidents, vary on a case-by-case basis, it’s difficult to provide an amount that these claims are worth. Factors such as the severity of injuries from the truck crash can affect the settlement amount awarded. Other items considered when calculating damages are the total cost of medical expenses, permanent scarring or disfigurement, the need for home health care, and long-term disability.
The Sandy Springs truck accident lawyers at Ashenden & Associates have over 50 years of combined experience representing clients in various personal injury claims. In regards to truck accident claims, the law firm has recovered more than $6.75 million in damages for their clients.
It’s important to remember that truck and car accident claims settlements will depend on factors specific to each truck accident case.
Semi-Truck Accident Damages
A successful truck accident claim can result in compensatory damages awarded to the injured party for the losses they incurred due to the truck crash. These compensatory damages are typically categorized into economic and non-economic damages.
Economic Damages in Georgia Truck Accidents
Economic damages in semi-truck accident cases refer to quantifiable financial losses incurred by the victim. They include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Physical therapy
- Home health expenses
- Mobility aids
Non-Economic Damages in Georgia Truck Accidents
Non-economic damages in semi-truck accident cases encompass the intangible losses suffered by the victim, which are not easily quantified in monetary terms. This includes compensation for pain and emotional distress, reflecting the severity of the suffering and impact on the victim’s quality of life. Non-economic damages can be awarded to compensate:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
How Long Does it Take to Receive a Semi-Truck Accident Settlement in Georgia?
Receiving a settlement for a truck accident claim can take longer than the average personal injury case because the Federal Motor Carrier Safety Administration (FMCSA) will need to conduct its own thorough investigation into the truck crash. On average, truck accident cases can take several months to several years to settle.
Before going to trial, your Sandy Springs truck accident lawyer will work with the truck company and insurance company to come to an agreement on the settlement amount. However, if they receive any pushback or decide the truck accident settlement is less than what is deserved, they will take the trucking accident case to court, which can prolong the process.
Why You Need an Experienced Semi-Truck Accident Lawyer in Sandy Springs, GA
Retaining the best truck accident lawyer in Sandy Springs is essential due to the complex nature of trucking laws and regulations and the challenges of negotiating with trucking companies and their insurers.
The Sandy Springs truck accident lawyers from Ashenden & Associates bring extensive investigative resources and expertise in identifying and proving liability, which is crucial for these cases. Our truck accident attorneys are adept at calculating and negotiating full compensation for damages, and their experience is invaluable in navigating legal claims for commercial motor vehicles.
Call Sandy Springs Truck Accident Lawyers at Ashenden & Associates Today
If you or a loved one has been involved in a truck accident in Sandy Springs, you need an experienced truck accident lawyer. At Ashenden & Associates, their experienced trucking accident lawyers are ready to provide the guidance and support you need to navigate this challenging time.
With their expertise in truck accident cases, your personal injury attorney will work tirelessly to protect your rights, and you receive the compensation and justice you deserve. Take the first step towards resolving your case by contacting the Sandy Springs truck accident lawyers at Ashenden & Associates today by calling 770-394-8909.
