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Truck accidents continue to be some of the most devastating accidents that occur on roadways across the United States. They cause massive property damage and severe, often fatal catastrophic injuries to the occupants of the passenger vehicles involved in the accident. Commercial truck drivers and the companies for which they work have a responsibility to conduct regular maintenance inspections to ensure that the truck and all its parts are in good working order. This includes making sure that tires are properly inflated and that tires are repaired or replaced if the tread is worn, and determining if there are other issues that can increase the risk of the wheel coming loose. When the wheel of a large commercial truck comes loose, it can hit other motorists in the vicinity. In addition, if the loose wheel causes the truck driver to lose control of the truck on the highway, it can cause a serious, multi-vehicle accident involving severe injuries and fatalities.
Any motorist who has been in the vicinity of a large commercial truck when the truck’s tire comes loose knows how terrifying it can be to see the wheel fly off the truck and the truck driver lose control of the vehicle. There are a number of factors that can cause a commercial truck tire to come loose, including :
There are a number of parties that may be held liable for a truck accident if negligence was involved, including the following:
For a truck accident victim to prove that the defendant was negligent, he or she must be able to prove the following elements of negligence:
In addition to the truck driver or the truck company, California’s products liability laws state that the party who designed, manufactured, or sold a defective product, including a defective truck tire, is liable for any injuries that the product caused. When a truck accident victim files a products liability lawsuit, he or she is not required to prove negligence because consumers are in no position to understand the cause of a tire defect. Strict liability may be imposed for the following reasons:
A large commercial truck can weigh up to 80,000 pounds, compared to a passenger vehicle, which weighs an average of 4,000 pounds. When a large truck is involved in an accident with a passenger vehicle, it is the occupants of the passenger vehicle who tend to suffer the most serious injuries. In extreme cases, a truck accident can cause tragic fatalities. The following are examples of some of the most common truck accident injuries that can occur when a tire comes loose:
Unfortunately, owing to the nature of a catastrophic truck accident, including those caused by defective wheels, these accidents often cause tragic fatalities. When this happens, the surviving family members of the deceased victim may pursue a wrongful death lawsuit against the truck driver, the truck company, or the manufacturing company. If it can be proved that negligence was involved, the surviving family members may be eligible for the following damages:
If the truck accident victim is able to prove that negligence was a key factor in the accident, he or she may be eligible for compensatory damages. These include economic and non-economic damages, and they are meant to provide financial relief for the physical, emotional, and financial losses associated with the accident. The following are examples of financial damages that the victim is entitled to receive:
When a truck accident is caused by a fault, a defective wheel, or a wheel that comes loose from the truck and the accident causes serious injuries to the occupants of the passenger vehicle involved, there will likely be an investigation to determine whether negligence was involved. It is highly recommended that the injured party consult with an experienced truck accident lawyer who will ensure that a thorough investigation takes place, and that the truck and all its parts are inspected before they are repaired or modified in any way. An accident reconstructionist may also be hired, as well as a mechanical engineer and a metallurgist, both of whom can provide their unique expertise and help determine the exact cause of the accident and who was at fault. Copies of all maintenance and repair records will also be collected, as well as photographs of the accident scene, expert testimony, and other evidence that will help secure a successful settlement.
If you or a loved one was seriously injured in a truck accident caused by a defective wheel, reach out to the experienced Los Angeles truck accident lawyers at ACTS Law. Our lawyers can help you evaluate the liability of the parties involved, explain your rights to compensation, and advise what steps are necessary to obtain fair compensation for injuries and damages you have sustained. To schedule a free consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.
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