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. Our truck accident attorneys guide you from the first inspection of the failed component to the final presentation of your claim. Call us today at (402) 241-5020 or contact us online 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
When a defective truck or component contributes to a crash in Nebraska or Iowa, the manufacturer or another responsible business may face a product liability claim. These cases can involve defects in a truck’s brakes, tires, steering system, coupling equipment, or other components.
Nebraska law expressly defines product liability actions to include injuries or property damage resulting from a product’s manufacture, design, testing, packaging, labeling, or failure to provide adequate warnings or instructions under Neb. Rev. Stat. § 25-21,180. Iowa likewise addresses claims involving alleged defects in design, testing, manufacturing, packaging, warnings, and labeling under Iowa Code § 668.12.
Strict Liability
Depending on the circumstances and applicable state law, a defective-product claim may be based on strict liability rather than proof that the manufacturer was negligent. The focus may instead be on the condition of the product, whether it was defective and unreasonably dangerous, and whether that defect caused the accident and resulting injuries.
Nebraska specifically recognizes product liability actions based on strict liability. However, Neb. Rev. Stat. § 25-21,181 generally prevents a strict-liability action against a seller or lessor unless that business is also the manufacturer of the allegedly defective product or component.
Comparative Fault
Fault can also become an issue when multiple parties contributed to a truck accident. For negligence-based claims in Nebraska, Neb. Rev. Stat. § 25-21,185.09 provides that a claimant’s damages are reduced proportionately by their contributory negligence. Recovery is barred when the claimant’s negligence is equal to or greater than the total negligence of the parties from whom recovery is sought. Importantly, Nebraska courts have distinguished this comparative-negligence framework from strict product liability claims.
Iowa’s product liability statute likewise operates within the state’s comparative-fault framework. Iowa Code § 668.12 specifically addresses allocation of fault in actions against manufacturers, designers, distributors, sellers, and other parties arising from alleged product defects.
Depending on the facts and the legal theory involved, potentially responsible businesses may include:
- Manufacturers that designed or produced the defective truck or component
- Designers responsible for an unsafe component or system
- Distributors involved in supplying the defective product
- Sellers whose potential liability depends on state law and the circumstances of the case
In Nebraska and Iowa, product liability claims arising from truck accidents can involve several types of defects.
Design Defects
A design defect exists when the problem stems from the design of the product itself rather than an error affecting only a particular unit. Building this type of claim may require your legal team to:
- Analyze the design: Determine whether the truck component presented an unreasonable safety risk.
- Link the defect to the crash: Establish how the defective design contributed to the component’s failure and accident.
- Use expert testimony: Engineers and other specialists can analyze the design, failure, and possible alternatives.
Nebraska law also provides manufacturers with a potentially important defense. Under Neb. Rev. Stat. § 25-21,182, conformity with the generally recognized and prevailing state of the art at the time the product was first sold can be a defense to claims based on negligent or defective design, testing, or labeling.
Manufacturing Defects
A manufacturing defect may arise when a particular truck or component differs from its intended design because something went wrong during production or assembly. For example, defective materials, improper assembly, or errors during manufacturing could cause a critical truck component to fail on the road.
Establishing liability may require examining the failed component, manufacturing records, testing documents, inspection reports, recalls, and expert analysis to determine whether a production defect contributed to the crash.
Failure to Warn
Product liability can also arise from inadequate warnings or instructions. Nebraska’s statutory definition of a product liability action specifically includes claims involving a failure to warn or protect against hazards and a failure to provide proper instructions. Neb. Rev. Stat. § 25-21,180.
Iowa addresses warning defects more specifically in Iowa Code § 668.12. Among other provisions, the statute preserves a duty to warn about subsequently acquired knowledge of a defect or dangerous condition that could make a product unreasonably dangerous for its foreseeable use. It also generally limits liability for failing to warn about risks that should be obvious or generally known to foreseeable users.
Building a failure-to-warn claim may therefore involve identifying what information was missing, what the manufacturer knew or reasonably should have known about the danger, and whether an adequate warning or instruction could have prevented the accident.
Evidence such as previous incidents, safety reports, internal company records, recalls, service bulletins, and regulatory filings can become particularly important. These records may help establish when a manufacturer learned about a hazard and what steps, if any, it took to protect truck operators and other road users.
Types of Defective Truck Parts That Lead to Accidents
According to one 2024 report, 5,218 large trucks were involved in crashes that resulted in death; another 120,724 of these vehicles were a part of injury-causing collisions. Sadly, defects in key systems sometimes play a decisive role in these tragedies.
Federal regulation 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, 511 people lost their lives in tire-related accidents in 2024. 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 2025, brake‐related problems caused 15.1 percent of the 15,175 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 and Iowa both have statutes of repose that can limit how long you have to bring a product liability claim, regardless of when an injury occurs.
Under Neb. Rev. Stat. § 25-224, a product manufactured in Nebraska generally has a 10-year statute of repose, measured from when the product was first sold or leased for use or consumption. For products manufactured outside Nebraska, the applicable repose period may depend on the law of the state or country where the product was manufactured, although Nebraska law generally will not impose a period shorter than 10 years.
Iowa generally provides a longer period. Under Iowa Code § 614.1(2A), covered product liability claims generally cannot be brought more than 15 years after the product was first purchased, leased, bailed, or installed for use or consumption. The statute contains exceptions, including certain cases involving an express warranty for a longer period, intentional misrepresentation, or fraudulent concealment.
These deadlines can become especially important in truck accident cases involving older trucks or components, so determining when and where a defective product was manufactured, sold, or first placed into use may be an important part of evaluating a claim.
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.
We handle truck accident cases in Nebraska and Iowa on contingency, meaning that you don’t pay attorney fees unless we recover compensation for you. We are available 24/7, so don’t hesitate to contact us at one of our offices in Omaha, South Omaha, Lincoln, Bellevue, Council Bluffs, or Sioux City.
You are not alone in this fight. Call Hauptman, O’Brien, Wolf & Lathrop, LLC at (402) 241-5020 to schedule your free, no‑obligation consultation.
