Cedar Rapids, IA – Trucks are inherently dangerous due to their size and difficulty with maneuverability. Due to these problems, many additional mirrors for drivers and other safety features have been utilized over the years to help minimize the possibility of accidents. However, some trucking businesses may have an older fleet of vehicles that is lacking in any kind of modern safety features. If a driver does cause an accident, the condition of their vehicle may be a significant factor in proving negligence.
Trucks that may not be safe
Many trucks lack safety features that are standard on other smaller vehicles. Mirrors may give drivers a limited view, and warning sounds when a truck is backing up or close to a collision may not be present at all. There have even been incidents where the trailer or bed of a truck did not have enough clearance and the vehicle destroyed bridges or underpasses while going through.
Another related problem is unsafe designs or malfunctions during standard operations. The company or manufacturer responsible for these issues can be sued in a products liability lawsuit if the truck was in an unsafe condition when it was initially offered for sale and introduced into the stream of commerce. Most personal injury attorneys can examine the situation to determine if any products liability issues exist.
Evidence of improper safety and negligence
All of these problems with safety can be weighed by the jury during a civil negligence lawsuit. While a lack of safety features may not necessarily prove that a company was negligent in their operation of a vehicle, it can be considered along with all other relevant evidence. The plaintiff must still prove that the unsafe condition was a direct cause of the accident.
Negligence cases have four elements. The plaintiff must prove all four of these elements to win the case. There is a relevant duty of care on the roads, a breach of that duty, causation, and damages. Most victims are concerned with damages more than the other elements because this is the summary of all of their financial losses caused by the defendant’s behavior. Damages can include both economic losses tied to property damage and costs of healthcare, as well as non-economic costs associated with trauma, pain, and suffering.
Meeting with a local accident firm in Iowa
Eells and Tronvold Law Offices is a firm in Iowa that focuses on truck accidents, car accidents, personal injury lawsuits, and related problems. Potential clients can schedule a consultation with a licensed attorney at the firm to get more information and advice that is relevant to their legal issues.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400