9th March 2022
Truck accidents are, unfortunately, commonplace, not only in North Dakota but also in the rest of the United States. When this kind of accident occurs, the resulting injuries are often so devastating that victims and their families receive substantial sums of compensation. One of the reasons judgments tend to be much larger is that not only are truck drivers and trucking companies often liable, so are the manufacturers of defective parts that contribute to this kind of accident.
At Sand Law, we have a team of attorneys who have a lot of experience in handling truck accidents. We have the skill and the resources it takes to determine all of the potentially liable parties that play a role in causing truck accidents, and we also know how to help our clients obtain the compensation they deserve.
How Can Defective Parts Cause Truck Accidents?
There are a lot of different kinds of product defects, and they can all lead to significant injuries – or worse. In the case of a truck accident, there are a lot of parts that can fail. This failure can cause a driver to lose control of his rig. A truck towing a huge piece of farm equipment, for example, can suddenly have a brake failure, with catastrophic results.
Trucks are incredibly complicated machines, filled with moving parts. A failure in something as seemingly minor as a trailer hitch, for example, can lead to an accident. The same thing can happen if a truck has a tire blowout.
These malfunctions don’t just happen out of nowhere. Many times, they occur due to some sort of defect that occurred during the design process, or the manufacturing process. If this kind of defect contributed to your accident, you may be able to bring legal action against the company that made the part that failed.
Product Liability Law in North Dakota
As you might expect, the law can be pretty complicated when it comes to the area of product liability. Basically, however, there are two main areas that could have an impact on your case – negligence and strict liability. Here’s a brief look at both.
- Negligence – A manufacturer may be held negligent due to carelessness. For example, someone with the company could have failed to perform the proper safety tests before making a product available to the public. They could have failed to thoroughly inspect that defective product.
- Strict liability – If your attorney files a strict liability lawsuit, that means the plaintiff (you, the injury victim) is claiming that the use of the product (let’s just say the brakes that failed and led to the truck accident) caused you harm. That harm doesn’t necessarily have to be due to negligence committed by the manufacturer. Your attorney will have to show that the defect contributed to the accident. If that’s the case, then the manufacturer will face liability for your injury.
Who is Responsible for Truck Accidents Caused by Defective Products?
In addition to the manufacturer, there are several other parties that could be held liable for an accident caused by a defective part. Anyone affiliated with a trucking company who is responsible for the maintenance or inspection of their trucks is responsible for making sure those trucks are safe for travel.
If a defective part’s failure caused an accident, there’s a possibility that the trucking company failed to catch that defect due to negligent maintenance practices. That would make the company partially responsible for the wreck.
Addressing Multi-Party Fault
Again, there can be many components to a truck accident lawsuit, making this an extremely complex form of legal action. Most people assume that the truck driver is the only liable party. While it’s true that driver negligence is a common cause of truck accidents, there are, as you know, other parties that can face liability as well. These include the trucking company, any separate company that might have been responsible for loading the truck, and manufacturers of any defective parts that failed.
There are a lot of reasons why you’ll need the help of an attorney as soon as possible if you or someone you love has suffered an injury or lost their life in a truck accident. An attorney can conduct a thorough investigation into the accident, and determine all of the parties that are responsible.
Recovering Damages from a Defective Product Accident
When someone is seriously hurt in an accident, they incur monetary losses, known as “damages” in legal terms. These could include wages they’ve lost because they can’t work, medical bills and other accident-related expenses, pain and suffering, and more.
Not only do you need an attorney to have the best chance of obtaining compensation for your damages, but you’ll also need legal help so that the aforementioned investigation can take place as soon as possible.
Unfortunately, many trucking companies will stoop so low as to try and alter an accident scene. They will try to destroy any evidence that could show their truck was to blame. It could mean trying to eliminate skid marks that show their truck was going too fast, or it could be one of a number of other things. This is known as “spoliation of evidence.”
The faster you hire an attorney, the less of a chance the trucking company will be successful in its attempts to tamper with evidence or to destroy it outright.
Read more: Truck Accident Statistics
Hire an Attorney to File a Lawsuit Against the At-Fault Party or Parties
The truck accident attorneys with Sand Law will fight for your rights, doing everything possible to hold accountable all of those who are responsible for your injury. Please get in touch with us as soon as you can to schedule a free consultation. You can contact us online, or you can call 701-609-1510.