Who holds for a defective truck part that caused an accident, the manufacturer of the part or truck, or trucking company?

Question: I was recently involved in an accident where a truck hit my car.  The initial assumption was that the driver was at fault, but the insurance investigator found that there was a problem with the truck's braking system.   My whole car was totaled and I sustained some neck and back injuries.  I can't afford my out-of-pocket medical expenses.  In the case where there was a problem with the truck itself, should I bring a suit against the truck driver, the truck owner, or the truck manufacturer?

Response:  Basically, any person or company found to be at fault can be sued for liability.  If the mechanical failure was due to poor maintenance, liability may go to the truck's owner.  Under Federal Motor Carrier Safety Regulation Title 49 – Section 396, carrier owners are legally bound to ensure that their vehicles meet minimum safety measures.  These measures include regular inspections, repairs, and basic maintenance.  Faulty brakes may indicate shoddy maintenance or a lack of inspection.  The regulations also ascribe liability to vehicle manufacturers if the accident arose from defective parts.  Liability also expands to anyone whose private or public property contributed to the accident.  Definitely check with an attorney to better determine your rights and issues of liability.

Answered by Sharon Cullars

Additional Resources:

• FMCSA - Title 49, Section 396 - Inspection, repair and maintenance
• FMCSA - Title 49, Section 390 - Federal motor carrier safety regulations; general

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