Truck accidents involving the failure of tires and wheels can result in serious injuries and property damage. When such accidents occur, victims may seek legal recourse by filing a lawsuit against the trucking company, the driver or other responsible parties. In Illinois, there are specific laws and regulations that govern these types of accidents and lawsuits.
The legal basis for lawsuits involving truck accidents
In Illinois, the legal basis for lawsuits involving truck accidents is typically negligence. To prove negligence, the plaintiff must show that the defendant had a duty of care to the plaintiff, the defendant breached that duty of care and the breach of duty caused the plaintiff’s injuries or damages.
Trucking companies and drivers have a duty of care to operate their vehicles safely and to properly maintain their trucks. If they fail to do so, and an accident occurs as a result, they may be held liable for any injuries or damages that result.
Common legal issues in truck accident lawsuits
There are several common legal issues that arise in truck accident lawsuits involving tire and wheel failure. These issues include:
- Product liability: If the tire or wheel was defectively designed or manufactured, the manufacturer may be held liable for any injuries or damages that result from the defect.
- Vicarious liability: If the driver was an employee of a trucking company, the company may be held vicariously liable for the driver’s actions.
- Comparative fault: If the plaintiff contributed to the accident in any way, their damages may be reduced or eliminated depending on the level of fault assigned to each party.
- Statute of limitations: In Illinois, there is a statute of limitations that sets a deadline for filing a motor vehicle accident lawsuit, which is generally two years from the date of the injury.
Consequences of truck accidents involving wheel and tire failure
Truck accidents involving wheel and tire failure can be devastating. They can cause serious harm, such as broken bones, traumatic brain injuries, and spinal cord damage. In some cases, these accidents can be fatal.
Making prevention a priority
Truck accidents involving wheel and tire failure can have serious consequences. To prevent these accidents, it’s important for trucking companies to prioritize vehicle maintenance and safety. Regular maintenance checks, proper loading, proper installation, inspection of tires, and the use of quality tires can all help to prevent accidents and keep our roads safe.