Truck accidents can change lives in an instant. In the aftermath, victims and their families often look first at driver error or road conditions. Yet, sometimes, the real cause is a defective component deep within the truck.
When a brake fails without warning, a tire blows out at highway speed, or a trailer coupling disconnects, the part’s maker — not the driver — may be at fault. This legal principle is called manufacturer liability, and it ensures that those who design, build, or market truck parts must answer when defects cause injury. If you have been hurt in Nebraska or Iowa, holding a manufacturer accountable could be your path to compensation.
At Hauptman, O’Brien, Wolf & Lathrop, LLC, our single focus is protecting you. We guide you from the first inspection of the failed component to the final presentation of your claim. Contact us today to schedule a free consultation if you suspect a defect caused the truck accident that resulted in you suffering a personal injury.
Establishing Manufacturer Liability in Truck Accidents
In certain cases, Nebraska law uses both product liability and strict liability principles, meaning that a manufacturer can be held responsible for a defective truck part without proving the company was careless.
Strict liability
Under strict liability laws, you need only show that the component was defective, that the defect caused your accident, and that you suffered damages as a result. This means that your legal team only needs to prove these points and that an “unreasonably dangerous” defect caused the truck accident and your injury.
Comparative fault liability
Nebraska’s legal landscape also addresses partial responsibility and identifies all parties who may share liability.
Under modified comparative fault laws, if you bear some fault for your accident — say, by failing to maintain your own vehicle — you can still recover damages so long as your share of fault does not exceed a certain percentage.
Nebraska law allows any party in the distribution chain to be held liable:
- Manufacturers who design and build the part
- Distributors who move the product between the maker and the retailer
- Wholesalers who sell in bulk
- Retailers who sell directly to truck fleets or end users
In Nebraska and Iowa, injured parties can pursue compensation for the following defects and more.
Design defects
A design defect means the part’s blueprint itself is unsafe. Even if every example of the part is built exactly to specifications, the design makes it unreasonably dangerous and proves this:
- Show a feasible alternative: Your legal team must demonstrate that a different design would have been practical and safer at the time the part was created
- Link the design to the crash: Establish that the flawed design directly led to the failure and subsequent accident
- Use expert testimony: Mechanical engineers or industrial designers explain how the alternative design would have prevented the crash
Manufacturing defects
Every truck component carries inherent hazards that users must know. When the manufacturer fails its legal duty to test a design properly and ensure the safety of the product, the company can be held liable.
Failure to warn
Manufacturers must inform users of known, non‑obvious risks and provide clear instructions for safe operation. When service manuals omit critical maintenance steps, the manufacturer risks liability.
Nebraska courts require warnings to cover all “non‑obvious” dangers, and Iowa’s statutes impose a similar duty under its product liability statutes.
To build a warning‑defect claim, your legal team identifies the missing warning and proves the manufacturer knew or should have known about the risk through internal emails or safety reports. It must also be shown that a proper warning would have prevented the accident.
Quite often, warning‑defect cases hinge on evidence of prior incidents, company memos, and regulatory filings that point to known hazards. Courts examine all these documents and records to trace where and how the error occurred.
Types of Defective Truck Parts That Lead to Accidents
According to one 2023 report, 5,375 large trucks were involved in crashes that resulted in death; another 114,552 of these vehicles were a part of injury-causing collisions. Sadly, defects in key systems sometimes play a decisive role in these tragedies.
Federal law requires trucks to install, regularly inspect, and maintain all truck components that contribute to the safety of all who share the road. The Federal Motor Carrier Safety Administration (FMCSA) also allows certain truck technologies, including Advanced Driver Assistance Systems (ADAS), that increase road safety.
Despite the best efforts of individual drivers or their employers, accidents happen. Manufacturer liability arises when a defect in design, production, or warning causes or contributes to a collision. Defective truck parts come in many forms, but some failures crop up more frequently and with more devastating results.
Common defective parts include the following.
Tire blowouts and tire defects
Sadly, 646 people lost their lives in tire-related accidents in 2023. Tire failures cause sudden loss of control on highways and other roads.
Truckers must ensure their vehicles’ tires meet the safety regulations outlined by the Federal Motor Carrier Safety Administration (FMCSA). Even small manufacturing flaws in rubber compounds can trigger catastrophic belt separations at speed.
Steering and suspension malfunctions
A broken tie rod or a fractured ball joint means the driver loses the ability to direct the vehicle. Steering linkages fail when inferior materials or assembly errors compromise tie rods or ball joints, leading to rollovers and jackknifing.
Brake system failures
Malfunctioning brakes rank among the deadliest defects. In 2020, brake‐related problems caused 12 percent of the 43,565 commercial vehicles inspected to be placed out of service.
Hydraulic brakes
Hydraulic fluid contamination can impair the effectiveness of a hydraulic brake system, causing erratic operation, damage to other components, and more.
Regularly checking the fluid and proper maintenance can prevent issues, but if fluid contamination happens repeatedly and wear has been ruled out, a poorly designed braking system could be the culprit. Frequent issues with seal failures, electrical issues, valve malfunctions, and other components could all indicate a problem with system design.
Air brakes
Air brakes use compressed air to apply pressure to brake pads. Manufacturing flaws in compressors, valves, or airlines can lead to air leaks, reducing braking power.
Emergency, surge, and parking brake systems
Surge brakes activate when a trailer pushes against the towing vehicle. Parking brakes keep the vehicle stationary. Emergency brake systems, on the other hand, act as backups, but they can also fail if components are improperly assembled. Manufacturing issues like misaligned components or subpar materials can lead to failures.
Antilock Brake Systems (ABS)
ABS prevents wheel lock-up during sudden stops, maintaining steering control. Manufacturing defects in sensors or control modules can render the system ineffective.
Vehicle safety technology
Modern trucks incorporate various safety technologies that rely on the braking system.
Manufacturing defects in any of the following systems can lead to failures:
- Fleet incident management system
- Performance or behavior management system
- Speed management
- Lane departure warning system
- Forward collision warning or mitigation system
- Active cruise control
- Driver camera system
- Attention assist warning and more
Statute of repose
Nebraska goes a step further by including a statute of repose, which sets an absolute cutoff ten years after the product was first sold or delivered for use. Even if your injury occurs within the statute of limitations period, you cannot file a claim once the repose period has passed.
These time limits begin to run as soon as you discover (or reasonably should have discovered) your harm. The repose period gives manufacturers certainty that their exposure to liability ends after a decade, but it can cut off valid claims when latent defects go undetected for years.
Gathering Evidence Quickly to Prove Product Liability
Time is of the essence after a truck accident. Vital evidence can disappear if not preserved immediately.
By following these steps, you strengthen your claim and make it harder for manufacturers to escape responsibility:
- Capture multiple photo angles of the failed part: Include context shots of the full truck, skid marks, roadway conditions, and nearby signage. Label each photo by time, date, and photographer for credibility.
- Request copies of law enforcement reports and any departmental collision reconstructions: These official records note the initial cause assessments and environmental factors.
- Collect maintenance and inspection logs: Trucking companies must keep records of periodic safety inspections and repairs. Your personal injury lawyer can compare the maintenance history against the manufacturer’s recommended service schedule.
- Secure manufacturer communications and recalls: Your legal team can examine a company’s internal emails, testing data, and recall notices. Manufacturers often conduct internal investigations before issuing public recalls; these documents reveal known issues.
- Engage expert witnesses early: Accident reconstructionists and mechanical engineers provide written reports linking defects to the crash. These specialists use precise measurements, vehicle data recorder downloads, and material analyses to recreate the crash. Their findings establish the causal link between the defective component and the collision.
How Hauptman, O’Brien, Wolf & Lathrop, LLC Strengthens Your Claim
At Hauptman, O’Brien, Wolf & Lathrop, LLC, our team begins with a comprehensive case evaluation, reviewing police reports, medical records, and maintenance logs to pinpoint potential defects.
Once we identify the issue — design, production, or warning — we promptly issue preservation letters to manufacturers and insurers to secure all relevant parts and documents.
Your personal injury attorney can request the trucking company’s maintenance and inspection logs to compare against the manufacturer’s service recommendations. We can retain expert witnesses to examine the original parts, analyze failure modes, and produce written reports that tie the defect to your injuries.
As negotiations unfold, we know defense teams may pursue delay tactics or shift blame to drivers or maintenance crews. Our Nebraska and Iowa truck accident attorneys counter with thorough preparation and aggressive advocacy, whether at the negotiation table or in court.
Take Action Today to Protect Your Rights
At Hauptman, O’Brien, Wolf & Lathrop, LLC, we have one mission: protecting your rights. We invest the time, care, and resources required to build your case — at no cost to you unless we win. Our dedicated team can secure crucial evidence, collaborate with experts, and pursue maximum compensation on your behalf.
You are not alone in this fight. Contact Hauptman, O’Brien, Wolf & Lathrop, LLC to schedule your free, no‑obligation case review.
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