In our increasingly tech-driven world, roadways are not immune to the dangers of malfunctioning technology. When a truck accident occurs, and malfunctioning technology is suspected, the legal landscape becomes complex. 

Various avenues are available to pursue compensation after such an accident. Victims can investigate if the truck’s technology, such as braking systems or navigation, failed and contributed to the crash. 

Legal claims can target manufacturers, maintenance providers, or software developers if their products or services are defective. Understanding the potential causes and responsible parties is crucial for successfully seeking compensation in these cases.

Negligence vs. Strict Liability

Bankrate highlights that the first step is establishing fault in any accident. Sometimes the authorities can’t decide who is at fault. You have a few choices in these situations. An alternative to going to court to resolve culpability is arbitration, which is something that some drivers opt to utilize. 

To determine the percentage of fault in each driver, an impartial arbitrator is selected. To get compensated for their losses, other drivers could choose to sue and appear in small claims court.

Traditionally, negligence claims dominate personal injury cases arising from truck accidents. This requires proving that the trucking company or a related party (e.g., the manufacturer) acted unreasonably in maintaining or using the technology. 

If a trucking company failed to heed repeated warnings about a software glitch in its automatic braking system, it could be found negligent. In some jurisdictions, however, strict liability for product defects may apply, removing the need to prove negligence. 

If a truck’s technology malfunctions and causes an accident, the manufacturer or a supply chain party could be liable. This liability applies regardless of whether they were reasonable in their actions.

Local Laws and Trucking Regulations

While some legal principles hold across most states, local laws and trucking regulations play a crucial role in determining fault and compensation. These may dictate specific maintenance schedules for certain technologies, such as requiring regular calibration of lane departure warning systems. 

Local laws may also outline data preservation requirements for truck “black boxes,” ensuring crucial evidence isn’t lost. Even the standard of care for trucking companies can differ from that of regular drivers. For example, some states impose stricter regulations on truckers’ driving hours, reflecting the increased risk posed by large vehicles.

Taking Missouri as an example, the state’s Department of Revenue enforces Federal Motor Carrier Safety Administration (FMCSA) regulations. However, the state also has its requirements for truck safety inspections. These include specific guidelines for brake testing and tire inspection, which go beyond federal minimums. 

Additionally, the Missouri Department of Revenue highlights that the state has a stricter blood alcohol concentration (BAC) limit of 0.04% for commercial drivers. Even within Missouri, local regulations may differ by city. In St. Louis, for instance, there may be additional ordinances regarding truck routes or weight restrictions. 

Consulting a St. Louis trucking accident lawyer familiar with the nuances of local regulations is vital. This is because they can ensure your case considers all relevant laws and maximizes your chances of receiving fair compensation.

TorHoerman Law notes that a local lawyer will have the expertise to navigate the complexities of both state and local regulations effectively. They can identify all liable parties, gather necessary evidence, and build a robust case.

Data and Expert Witnesses

Modern trucks are treasure troves of data. Electronic data recorders (black boxes) can capture vital information about the truck’s speed, braking activity, and even the status of various technological systems. Reuters highlights that about 99.5% of all modern vehicles are equipped with a black box.

This data can be a goldmine for proving malfunctioning technology caused the accident. However, this data is complex and requires interpretation by experts. 

Accident reconstruction experts can analyze this data and physical evidence from the scene to establish a strong case. They can use their knowledge of how these technologies function and identify any malfunctions that may have contributed to the accident.

Identifying All Potentially Liable Parties

Trucks need far greater stopping distances to halt than passenger cars do. The difference in braking performance between automobiles and trucks is much more noticeable on wet and slippery roads. These problems may get worse if truck braking systems are not properly maintained.

Antilock brakes, visible brake adjustment indicators, and automated brake adjusters are mandated for new heavy trucks to increase safety. Modern trucks also come equipped with advanced safety measures such as crash avoidance technologies. However, these technologies can sometimes malfunction and cause issues despite their safety benefits. 

Truck accidents involving malfunctioning technology can involve multiple parties beyond the driver. The trucking company responsible for maintaining the vehicle is an obvious starting point. 

However, the manufacturer of the faulty technology could also be liable, especially if the malfunction stemmed from a design defect. Even a third-party maintenance provider could be liable if they failed to properly address a known issue with the technology during a routine inspection. 

A skilled attorney will investigate all possibilities to ensure you receive compensation from all responsible parties. They will analyze maintenance records, communication between parties involved, and any relevant product recalls to build a comprehensive picture of who may be liable.

Negotiating a Settlement or Going to Trial

Depending on the severity of the accident, your injuries, and the strength of your case, you may opt for a settlement. Alternatively, you may choose to take the case to court. According to Forbes, just about 4–5% of all personal injury lawsuits proceed to trial.

You can achieve just compensation for your medical expenses, missed income, and pain and suffering by hiring an attorney to handle settlement talks.

When they negotiate a settlement, they will take into account things like the price of your injury’ possible long-term effects and future medical expenses. Your case will be ready for trial if a just settlement cannot be achieved.

FAQs

What is the difference between negligence and fault? 

Negligence refers to a failure to exercise reasonable care, resulting in harm or damage. Fault encompasses broader responsibility, including negligence but also intentional misconduct. While negligence is a subset of fault, fault can involve other factors like strict liability or contributory negligence.

What is the standard BAC level? 

The standard blood alcohol concentration (BAC) level for legal intoxication is 0.08% in most jurisdictions. This means a driver with a BAC of 0.08% or higher is considered impaired and may face legal penalties. Lower BAC limits apply to commercial drivers and underage individuals.

What is the biggest issue in trucking?

The biggest issue in trucking is often driver shortage, impacting delivery efficiency and safety. This shortage affects the entire supply chain and increases pressure on existing drivers. Additionally, addressing driver fatigue, training, and compensation are critical to mitigating this issue.

The rise of technology in trucks has brought both safety benefits and new legal complexities to accidents. While navigating fault and compensation can be challenging, a skilled lawyer can identify liable parties, gather evidence, and ensure you receive fair compensation. 

Understanding local regulations, data analysis, and potential parties involved are all crucial steps on the road to recovery. Victims of tech-related truck accidents can hold those responsible accountable and achieve a just outcome by leveraging these resources.