Defective Trucks, Trailers, and Parts
The design and manufacture of commercial motor vehicles and their parts, including tractor-trailers, big rigs, 18-wheelers, and other trucks are subject to Federal Motor Vehicle Safety Standards (FMVSS) promulgated by the National Highway Traffic Safety Administration (NHTSA). These regulations govern, among other things, vehicle braking systems, stability control systems, tires and rims, front, side, and rear lamps and reflective devices, rearview mirrors, and warning devices for stopped vehicles
For example, Rule 126 of the FMVSS requires electronic stability control (ESC) systems on truck tractors within a certain gross vehicle weight range to reduce the risk of rollovers and loss-of-control crashes and resultant serious injuries and deaths. 49 CFR Parts 571 & 585.
Rule 121 of the FMVSS, provides that air brake systems on most heavy tractors must be designed to enable drivers stop these the vehicle in 250 feet or less when they are loaded to their “gross vehicle weight rating” (GVWR), or in 235 feet or less when they are loaded to their “lightly loaded vehicle weight” (LLVW), while traveling at a speed of 60 miles per hour. Traffic accidents involving large trucks or other commercial motor vehicles (CMV) are often found to have been contributed to or caused by defective parts in the trucks, their safety equipment has been compromised, or other components, such as tires have failed.
Manufacturers who are in non-compliance with the rules of the FMVSS and other regulations, in the design and manufacture of commercial vehicles, may be liable for the truck accidents under product-liability law if the defect was the proximate cause of the accident. Nevertheless, full compliance with current laws and industry standards, may not shield a manufacturer from liability. Under the law of product liability, trucks and their parts may be deemed defective despite compliance with applicable standards, as often, compliance with regulations and industry standards may be considered basic requirements for truck design and production. For instance, a vehicle can be found to contain a design defect when the plans for manufacture include the use of inadequate or unsafe materials. This sort of defect will produce an unsafe vehicle even when the vehicle is manufactured in strict compliance with the design
Furthermore, manufacturers and other companies involved in the production and distribution of commercial vehicles may be held liable in product-liability lawsuits for injuries and deaths determined to have been caused by defects in trucks’ design, manufacture, or warnings and instructions. Manufacturing defects, on the other hand, generally occur when vehicles have been safely designed but manufactured in non-compliance with the safe design. This can occur when a manufacturer uses inferior materials or parts to cut costs or when a malfunction in manufacturing equipment occurs.
Commercial motor vehicles are defective if manufactured and sold without adequate safety instructions and warnings regarding their proper use. Warnings that might be required to prevent the vehicle from being used in an unsafe. Defects in the components of commercial motor vehicles such as brakes, tires, the steering system, and mechanisms for attaching the trailer to the tractor or towing engines may lead to liability for the companies behind the manufacturing and designing of these vehicle parts and systems.
Manufacturers and designers may be held legally responsible for injuries and deaths caused by such defects. A truck accident attorney will need to prove that the negligence in the production and distribution of the defective vehicle lead to the truck accident.
Call a New York Truck Accident Lawyer
If you have been injured in a truck accident, call Koenig Pierre, a New York truck accident lawyer. Koenig will work with the best experts in truck engineering, injury and accident causation, and damages, to help you recover the maximum compensation you deserve for their truck-accident injuries or the unfortunate death of your loved one.
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