When a broken undercarriage guard or brake system failure causes a crash, liability may extend to the manufacturer. However, liability does not transfer automatically and depends on the facts and evidence in the case.
Determining liability requires examining several factors such as whether the trucking company performed proper maintenance or whether the defect existed when the product left the manufacturer. A Midland truck accident attorney can investigate these issues and determine which parties may be held responsible based on the available evidence.
This matters because 52.8% of large truck crashes in Texas result in injuries, ranking the state ninth nationally, according to a 50-state analysis by High Rise Financial reported by KDAF.
What Is Product Liability?
In general, U.S. product-liability law says that a person injured by a defective product may have a claim against parties involved in making or selling that product. There is no single federal product-liability law, so the specific rules vary by state.
Generally, product-liability claims involve three types of defects:
- Manufacturing Defect: The particular product was made differently from its intended design.
- Design Defect: The product’s design itself created an unreasonable safety risk.
- Marketing Defect: The product lacked adequate warnings or instructions about foreseeable risks.
In a trucking context, this may involve a component that failed during normal use.
When Does Product Liability Come Into Play?
You typically don’t decide to investigate product liability just because a truck or defective semi-truck parts failed. You investigate the cause of the crash. If that investigation uncovers evidence that a defective part caused the failure, then product liability may become relevant.
To build a product liability trucking crash case, attorneys may obtain:
- Maintenance, inspection, and repair/replacement records
- Available electronic vehicle data
- The failed component and its identifying information
- The part’s manufacturing history
- Any federal recall records tied to that component
Two forms of causation matter. Cause-in-fact asks whether the crash or injury would have happened without the defect. For negligence claims, proximate cause asks whether the resulting harm was a foreseeable outcome of the conduct.
Mechanical engineers and vehicle dynamics experts may help answer these questions through:
- Accident reconstruction
- Component testing
This evidence can help determine how and why the part failed and distinguish potential commercial vehicle manufacturing defects from other causes of the crash.
How Brake Failures Can Raise Liability Issues
Worn brake pads, damaged lines, or missed inspections may point to a maintenance problem involving the trucking company or a repair provider.
However, if the brakes were properly maintained and a component such as an air brake valve, brake drum, or electronic braking control module failed, investigators may need to consider whether the component itself was defective. This is relevant in brake system failure lawsuits.
What About a Defective Undercarriage Guard?
An undercarriage guard is a component designed to protect parts located beneath a truck from damage caused by:
- Road debris
- Impacts
- Other hazards
If it fails to perform as intended during a collision, investigators may examine its:
- Condition
- Design and manufacturing history
- Installation and maintenance records
Evidence can help distinguish a defective part from a maintenance or repair problem. These findings are an important part of mechanical failure litigation.
Why Is Legal Guidance Essential?
The investigation is not only about finding out what happened. It is also about understanding how the facts fit the legal requirements for a potential claim. Legal guidance from a truck accident lawyer matters for several practical reasons:
Evidence Can Be Lost
A failed component’s value can depend on how it is preserved and documented. An attorney can take steps to preserve the evidence before it is replaced or discarded after an accident.
Identifying the Right Parties
An attorney’s investigation can trace the part’s supply, installation, and repair history to identify the:
- Manufacturer
- Distributor
- Seller
- Installer
- Repair provider
- Any other parties involved
This information can help determine which parties may have legal responsibility.
Establishing the Defect
A failed part is not necessarily a defective part. An attorney can work with qualified experts to determine:
- If the failure resulted from a manufacturing or design defect
- If that defect caused or contributed to the injuries
Determining Which Claims Apply
A defective component may raise product-liability issues, but other claims may also apply depending on how the crash occurred. An attorney will evaluate the facts to determine which claims the available evidence may support.
Frequently Asked Questions
How Long Do I Have To File a Product Liability Claim in Texas?
Texas law sets a two-year limitation period for personal injury claims, subject to applicable exceptions. Product liability claims are subject to a separate 15-year statute of repose that runs from the date the defendant sold the product, subject to statutory exceptions. Other rules can affect the deadline, so the facts of the particular claim matter.
Can I Sue the Trucking Company and the Parts Manufacturer at the Same Time?
Potentially, yes. If the facts support claims against both the trucking company and the manufacturer, they may be named as defendants in the same lawsuit. Whether both parties can be held responsible depends on the evidence and the legal claims that apply to the crash.
What Damages Can I Recover in a Product Liability Case?
This will depend on the injuries and losses caused by the defective product. They may include:
- Medical expenses
- Lost income
- Compensation for pain and other losses
Texas law also allows exemplary damages in certain cases when there is clear and convincing evidence of:
- Fraud
- Malice
- Gross negligence
How a Midland Truck Accident Attorney Can Help Investigate Liability
A Midland truck accident attorney can investigate whether a defective part, maintenance problem, driver conduct, or combination of factors contributed to the crash and identify the parties and claims the evidence may support.
The Midland Truck Accident Attorney team has plaintiff-side trucking experience and knowledge of the Permian Basin oilfield industry. Erik Garza brings nearly a decade of in-house legal experience, while the firm uses immediate counter-investigation and evidence-preservation measures while examining potential FMCSA violations and other factors. We understand trucking companies’ and insurers’ defenses and are prepared to go to trial when needed.
Arrange a free case review today.