Mechanical Failure
Last Updated : December 9, 2021

Beaumont Mechanical Failure Truck Accident Attorneys

Trucking companies are like any other business: countless moving parts and people are required to get shipments on the road in a hurry. When time is a factor and everyone is hurrying to meet deadlines, checkpoints, inspections, and the like can be overlooked. If the omissions result in an accident, innocent lives can be destroyed. When inspections are overlooked or if any truck part fails, it is called a “mechanical failure.” And sometimes mechanical failures cause truck accidents. That’s when you need a Beaumont truck accident lawyer.

If a trucking company or third-party that is responsible for maintenance fails to routinely inspect and service the vehicle, a mechanical failure could cause a devastating crash. When this happens, those who are injured have the right to seek full and fair compensation for the harm they’ve suffered and losses they’ve incurred.

The truck accident attorneys at Portner Bond, PLLC have the skills and resources necessary to help you get justice. Our team has earned our excellent reputation by starting with people first. We want to get to know you and your family’s story in order to truly understand you and the gravity of your situation. We have over twenty years of experience with these types of cases and know the heartbreak and stress that burden you and your family.

Our mission is to make sure that you are able to move forward in the best possible way while we pursue the compensation you need to get your life back in order. Give us a call. Our friendly representatives are standing by and ready to help at (409) 838-4444. You can also contact us online to set up a free appointment.

Do I Need a Lawyer?

Insurance agents and trucking company representatives will do everything they can to protect the company’s bottom line. They will be easy to talk to and will seem very kind and concerned about you. Be cautious in discussing your accident or your situation with anyone, particularly the insurance company folks or their attorneys.  Talk to a lawyer of your own first. You need an experienced lawyer in your corner before anything is said or signed.

If an insurance company gives you a settlement offer, it is very rare for the compensation they offer to be anywhere close to what you need or deserve. With an attorney on your side, you can rest easier knowing that your legal representative will be working to get you the full and fair compensation that you’re owed.

The Common Causes of a Truck Accidents- Mechanical Failure.

Truck drivers, trucking companies, and truck and trailer manufacturers are required by law to undergo a rigorous process in order to get big rigs on the road. They are responsible for ensuring the mechanical safety of the vehicle. If the company and driver are not diligent in their maintenance checks, or if they unwittingly put a defective part on the truck, or if the truck came from the manufacturer with a defect, serious accidents can result from mechanical failures.

Mechanical failures that lead to accidents can include:

  • Brake systems failures involving discs, pads, lines, fluids, or delinquent inspections.
  • Transmission systems failures due to excessive cargo weights.
  • Ignored tire maintenance.
  • Faulty lights, signals, or windshield wipers.
  • Failed steering and suspension systems.
  • Uncoupled trailer due to faulty mechanics.
  • Underride guard failure.

What Should I Do After an Accident?

In the aftermath of a truck accident, is crucial that you think of the bigger picture and take immediate steps to protect yourself and any potential claim you may have.

  • Make sure the police are called. They will complete an accident report that will play a role in your claim.
  • Collect as much insurance and contact information as possible from the driver and any potential witnesses. Every detail may be useful in investigating the accident fully.
  • Take as many pictures as you can from every possible angle. Get photos of all the vehicles involved, of the road where the accident occurred, and even of weather conditions. Get pictures of your own injuries, as well. Having photo evidence will aid in accident investigation and bolster your case.
  • Get to the doctor ASAP. Doing so will help you recover from your injuries.  You can also start the process of gathering paperwork for your claim. Get copies of all medical records, bills, prescriptions, and information regarding any other health care providers your doctor recommends. Keep careful copies of all bills and receipts to document your expenses so we can include those in the calculation of your compensation.
  • If either your car or belongings were damaged, have your car taken to a repair shop and make sure to keep track of the estimate. For property that was damaged, where possible, have original receipts on hand. Have your property taken in for repair and retain the receipts.
  • Contact a lawyer as soon as you are able. The sooner you have an experienced legal team in your corner, the better you will be equipped to protect yourself and your family.

Call Portner Bond, PLLC today at (409) 838-4444 and let us get to work investigating your case.

Who is Responsible for the Accident?

Truck accidents are unique in that there are several stakeholders to take into account. The liable parties can include truck and freight owners, certifying bodies, and shipping companies, to name a few. With so many different parties involved, having a seasoned lawyer working for you is vital to be sure that all necessary information is gathered from the right players and that everyone responsible is held accountable.

When determining liability, if you feel like you might have had some part in the accident, all is not lost. The good news is that in Texas if you were no more than 50% responsible for the accident, you may still be eligible for compensation.

What Kind of Compensation Can I Expect to Recover?

Compensation can be broken into two categories: economic and non-economic.

  • Economic damages– the financial hardships that you will be forced to endure. These damages could include lost income due to either missed work or the inability to work in the future; medical costs associated with your recovery, including medical bills, office visits, prescriptions, and copays; any collateral damage to your vehicle; and, in the worst-case scenario, funeral and burial costs for your lost loved one. Track every last receipt to be sure you can calculate exactly what the accident has cost you.
  • Non-economic damages- often expressed as “pain and suffering.” The emotional or mental trauma that has come from the accident is considered. If you were rendered disabled in any way, for example, you could receive compensation for the suffering and lack of enjoyment of life your disability caused. Keep a daily journal of your thoughts and feelings, and describe how the accident affects your daily activities. Such a detailed account can be powerful at trial when determining the amount of compensation due to you.

Are There Timelines for Filing a Claim?

Most insurance companies have a deadline for filing a claim. In many cases, that deadline is 60-90 days from the date of the accident.  Filing your claim on time is critical. Missing a filing deadline is a horrible way to miss out on the compensation due to you after your injuries. It is important to engage an attorney at the beginning of the process. The lawyer can talk to the insurance company for you, negotiate a settlement with them, and if a settlement cannot be reached, a good lawyer can be poised to file a lawsuit on your behalf immediately.

Texas gives you two years to file a lawsuit after an accident. If you miss the “statute of limitations” deadline, any case you file thereafter will be dismissed, and you will have lost the opportunity to gain compensation through the court system. The only time the deadline may flex is if at the time of the accident you were:

  1. Under 18
  2. Have since deployed with the military, or
  3. Were legally mentally disabled.

Your Beaumont Mechanical Failure Truck Accident Attorney

The idea of speaking with lawyers can be daunting and expensive. Rest assured that we are here for you regardless of your income. We operate on a contingency fee basis, which means that we only get paid if we win compensation for you.

If you or your family have been injured in a serious accident involving a  truck or commercial vehicle because of a mechanical failure, you need a legal team that is empathetic, experienced, and excellent. We are standing by to make your voice heard and help your family heal. Call Portner Bond, PLLC today at  (409) 838-4444 or click here to set up a free appointment.