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Could maintenance neglect leave a truck company liable?
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Could maintenance neglect leave a truck company liable?

| Mar 8, 2021 | Motor Vehicle Accidents

A misconception might exist regarding truck accidents in New Jersey. Namely, moving violations reflect the only basis for negligent collisions. Reviewing data about truck-involved crashes may reveal that a surprising number of incidents derive from poor maintenance. Due to the potential damage a truck may inflict, staying on top of routine maintenance appears essential. The failure to maintain a truck could leave the responsible party facing civil actions.

Maintenance and the duty of care

Legally, a “duty of care” refers, in part, to avoid actions or omissions that might cause harm to others. Essentially, it might not be unreasonable for a moving company’s management to assume that not addressing severe mechanical issues with a truck might contribute to an accident. If an accident occurs long after discovering problems with a vehicle’s brakes, then there might be a credible claim of negligence present.

Broken wheel” incidents sometimes lead to injuries, and such scenarios may highlight how neglect contributes to harm. In such instances, a tire, wheel, or related fragment, might come off a truck. The flying object could hit another car, pedestrian, or cyclist. The potential injuries may even result in death, a fact that highlights the seriousness of why caring for a vehicle is so essential.

Losing a wheel or suffering another mechanical failure may lead a driver to lose control of the truck. A multi-vehicle disaster could then occur.

Subsequent legal actions after the incident

Perhaps an investigation after the incident reveals degraded parts or other issues. An attorney’s investigation may uncover evidence that a truck driver or trucking company knew about the problem and did nothing. Such behavior could become the focal point of a negligence claim.

The injuries may result in several insurance claims, potentially involving personal injury protection, auto liability, and a business liability policy. An attorney could advise on how to file claims for injuries, medical expenses, and losses. Suing the parties beyond policy limits even take place.

Truck and motor vehicle accidents may lead to life-altering injuries. Anyone harmed by another’s negligence might wish to consult an attorney.