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Since 2009, fatal crashes involving trucks have been on the rise, and this trend is certainly visible in the bustling city of Cleveland, Ohio. In response to this trend, Congress has appropriated $30 million to fund a collaborative investigation by the FMCSA and NHTSA into the causes of these accidents.
While many factors play a role, one often overlooked cause is defective truck parts. From faulty brakes to malfunctioning steering systems, a single defect can lead to severe accidents and devastating injuries.
In Ohio, you may seek damages if you are injured in a collision caused by defective truck parts. Defects fall under a legal theory known as product liability. In such cases, the manufacturer, supplier, or repairer of the defective truck part could be held liable.
However, proving liability in such cases can be a daunting task. You must show that the truck was defective, as well as a causal link between the defect and the accident. This process involves intricate investigations, and you might need the guidance of a Cleveland 18-wheeler accident lawyer.
The most common causes of large truck accidents are:
Trucks rely on several complex systems. This complexity makes them different from your typical family vehicle, and it also means they require specialized training, education, and licensing to operate. Trucks must also be free of defective parts.
Common defects that can lead to severe accidents include:
49 CFR Part 573 sets forth the responsibilities of motor vehicle and motor vehicle equipment manufacturers regarding safety-related defects and non-adherence with the federal vehicle safety standards. This law requires:
Parties manufacturing, maintaining, and operating commercial trucks should understand these regulations and enforce compliance.
Determining negligence in a truck accident involves a thorough investigation into the cause of the accident. This process often requires the expertise of legal professionals and accident reconstruction experts. Here are some key factors to consider:
In Ohio, the motorist at fault for a truck accident is responsible for the other party’s damages. However, with truck accidents, things can get complicated, as multiple parties might bear some responsibility.
Ohio follows a “comparative negligence” standard, which “allows a person to recover damages as reduced by the person’s own percentage of negligence,” according to the Ohio Department of Insurance. If the court finds the victim is 10% at fault for the accident that injured them, their awarded damages would be reduced by 10%.
By consulting with an experienced 18-wheeler accident lawyer, accident victims can get help navigating the complexities they may face and build a strong compensation case.
If you’ve been involved in a truck accident due to a defective vehicle part, you may wonder what your next steps should be. The team at Nurenberg, Paris, Heller & McCarthy can help. We have extensive experience handling truck accident claims and can guide you through the complex legal process. We will investigate your accident, gather evidence, negotiate with insurance companies on your behalf, and, if necessary, represent you in court.
If you or a loved one has been injured in a truck accident due to a defective part, don’t hesitate to reach out for legal help. Contact us today for a free consultation. We will fight tirelessly to ensure you receive the compensation you deserve.
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