In most truck accidents, the party that is the most likely to be responsible is the semi-truck driver. However, in some cases, the vehicle that was involved in the accident was also recalled. This is the case, the truck might be defective and this fact might be the actual reason for why the accident occurred.
How to Determine Who is at Fault
If you're not sure why the truck accident occurred, it's important to speak with a semi-truck accident attorney. Regardless of which party is liable for your injuries, your attorney will help you hold them accountable.
A truck manufacturer issues a recall when they discover that their semi is no longer safe to drive. For example, the truck might be using a defective auto part. Sometimes, the manufacturer chooses to recall the part. However, in other cases, the manufacturer might be forced to recall the part by a regulatory agency. Due to how large and heavy a commercial truck is, recalls are taken very seriously.
Brakes are often subject to recalls. When brakes are defective, the truck driver might plow into your vehicle because they are not able to stop in time. This is especially a problem for commercial vehicles that take longer to stop anyway and that need to service their brakes more often to make sure that they are working properly.
If the manufacturer fails to notify the trucking company in time, they might be held responsible for the accident. However, if the company was notified and did not take the steps necessary to have the vehicle recalled, the company might be held responsible for the accident. This depends on how long ago the recall was issued and whether it's reasonable to expect the driver to be able to have the truck repaired soon enough.
Holding the Negligent Party Responsible
Because it is difficult to determine who is liable for your accident, it's essential to make sure that you contact a commercial vehicle accident attorney before you pursue legal action. An experienced attorney will help you protect your legal rights and will assist you when pursuing legal action against the negligent truck company or the truck manufacturer.
Prepare for a Legal Battle Either Way
When taking legal action against an insurance provider or the manufacturer of a truck, you will need a powerful legal team that is ready to fight with the expensive legal team that the defendant will be able to assemble. Then, you may be able to successfully negotiate a settlement or you might be able to take the other party to court and win.