What Happens If a Defect Causes a Tractor Trailer Accident?

We’ve discussed some of the potential causes of tractor trailer accidents. While most of them are caused by the negligence of someone within the trucking industry, it’s not always the case because there are other outside parties who may be liable.

In some situations, manufacturers can be considered responsible when a truck is involved in a crash. This puts them at risk for legal action from both the injured individual in the passenger vehicle, as well as the truck driver should he or she sustain injury.

Here are some things that are considered following a tractor trailer accident caused by a defect.

What Makes a Manufacturing Company Liable?

These companies are tasked with ensuring the parts they make and provide to trucking companies are safe. When something goes wrong, a part may be considered defective, leading to a potential crash. Proving liability against the manufacturing company means showing one of the following:

  • Design error: Manufacturers must first create a safe and sound design for the part they intend to produce. The design should not pose any threats to individuals and should work correctly.
  • Manufacturing error: There are times when the actual manufacturing of the product is done incorrectly—such as a missing piece or incorrect dimensions. When this happens for a truck part, it could be the difference between safety and danger.
  • Failure to warn: If the part does have a potential danger, there must be a warning included when the part gets to the consumer. The warning should identify the danger and help others be aware of what can go wrong.

These errors can be disastrous when they involve truck parts that are supposed to be safe. For instance, if the brakes are defective, it could prevent the truck from stopping. If the tires tread separates due to an error, there can be a blowout and the truck can lose control.

There are so many factors to consider; many with serious results.

At Ervin & Ervin, we understand the liability involved when something like this happens. Our Oklahoma truck accident attorneys work hard to help injured individuals seek justice when a party’s negligent actions cause harm. Let us help you.

Schedule a free consultation with our team. Call us today at (918) 994-0880.

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