The Liability of the Trucker or Trucking Company | The Liability of Third Parties
One of the common causes of commercial truck accidents is equipment failure, where some truck component or part fails, causing a wreck. When that happens and you have been injured, you may be able to bring a lawsuit against the truck driver or owner, and you may be able to file a product liability claim against a third party.
The Potential Liability of Truck Drivers and Owners for Equipment Failures
Under both federal and New Jersey state law, commercial trucks must undergo regular inspections and maintenance to minimize the risk of equipment failure. New Jersey also follows all standards established by the Federal Motor Carrier Safety Administration (FMCSA) regarding vehicle maintenance and inspections, including the requirement that a driver keep detailed logs documenting all maintenance conducted on the vehicle. That log must show that the driver/company inspected the vehicle at the end of each day on the road, looking specifically at:
- All brakes, including parking brakes
- Headlights and other devices intended to maximize visibility
- Tires, rims and wheels
- The steering wheel
- Windshield wipers, mirrors and windows
- The horn
- The mechanisms that attach the tractor to the trailer
- Any emergency equipment
Failure to maintain a log or to conduct required maintenance can be a basis for liability.
Equipment Failure Lawsuits Involving Third Parties
An injured person can also sue a third party for negligence or carelessness, should equipment failure cause an accident. A product liability lawsuit may be based on carelessness in design, manufacture or marketing of a product used in a truck (such as a tire, braking mechanism or steering wheel).
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.