According to the Federal Motor Carrier Safety Administration (FMCSA), driver error accounts for 88 percent of all crashes, and a trucking accident is most often caused by driver fatigue. That being said, mechanical failure is the second most common cause of a trucking accident. This will usually happen because brakes were defective or tires were faulty. So if a driver's maneuvers are not necessarily at fault, against whom can you file a claim?

At times, the manufacturer may be at fault. This can be in cases where the tires blew out, or there was some other defect in how the tires were made. Perhaps the manufacturing company failed to meet federal regulations with the brakes it produced. Brakes must provide a certain amount of force, which varies according to how much the truck weighs. Truck brakes must also be able to slow down to 20 miles per hour at a rate determined by its size. An automatic brake adjustment system must satisfy regulations as well.

You may also be able to bring a product liability lawsuit against a manufacturer who has failed to design adequate brakes. A manufacturer is still at fault if defective design accounts for the accident, such as not including a warning system in the equipment to alert the driver. Some brakes or tires may have been recalled by the government. If these recalled brakes or tires were involved in your crash, you may be able to sue the manufacturer for the defect, and perhaps the owner of the truck as well, for not replacing the faulty parts.

Still, mechanical failure itself might be blamed on the truck driver. Usually equipment will fail because it has not been adequately maintained. This can mean that the driver took out or depowered the front brakes to decrease the wear and tear on tires and brakes. These missing or weaker brakes can cause the truck to jackknife. Brakes might have failed because of faulty adjustments. Perhaps tire replacement was overdue and the tires blew out because they were worn so thin. A truck might roll over because a load was not tied down safely, or the weight was unevenly placed. This incorrectly distributed weight could also lead to brake failure. Poor maintenance could also contribute to faulty steering, a failed transmission, broken lights, or a trailer that is not attached correctly. You can sue a truck driver who failed to adhere to a truck's scheduled maintenance.

Other owner-operator errors contribute to tire failure when tires do not have sufficient tread depth as prescribed by the Department of Transportation. Tires may not all be the same size, or pairs of tires may be worn down to different levels. It is also dangerous to have bias and radial tires share an axle.

Beyond maintenance, a driver must also use the equipment responsibly. Tires might malfunction if they overheat. Take air brakes for instance. Coming to a stop while going 60 miles per hour heats up the brake drum to around 600 degrees. It is dangerous to demand anything more from the tires. Fault may also be attributed to an owner-operator who failed to inspect the truck before heading out. The driver is supposed to make sure everything is in place and in one piece when inspecting the brake shoes. The driver must also check for any air seeping out the brake chamber. Before taking to the road, a driver must also check the tire pressure, and how worn down the tires are.

A trucking accident caused by malfunctioning equipment can be the fault of a manufacturer and/or truck operator. If you have been in a trucking accident, be sure to consult a car accident attorney about your case. Find out what your options are today.