Commercial trucks require regular maintenance to stay in safe working order. Routine maintenance includes replacing fluids and worn-down parts like tires and brake pads. Federal regulations require truck owners and operators to maintain their fleets.
However, some truck owners and operators defer or forget maintenance for their vehicles due to oversight or to cut operational costs. Negligent maintenance can have serious consequences. A lack of maintenance may lead to a mechanical issue or failure while the truck is on the road. A mechanical problem could cause a truck driver to lose control of the vehicle and trigger devastating accidents.
Immediately after a truck crash, it may not seem apparent that the accident occurred due to negligent truck maintenance. Even if it is, a trucking company might try to shift blame onto the truck or auto part manufacturer, claiming that the mechanical failure occurred due to a design or manufacturing defect in the truck or part. Attorneys representing truck accident victims will need to carefully investigate the crash to recover and review evidence of poor maintenance, including the trucking company’s maintenance records and post-accident inspections of the truck.
The semi-truck accident lawyers at Craig, Kelley & Faultless LLC want to help you determine if the truck crash that injured you occurred due to negligent truck maintenance. Contact us now for a free consultation to learn how our attorneys can help you.
Indicators of Poor Truck Maintenance
Many truck crashes happen because of mechanical issues or failures caused by inadequate maintenance and repairs. A few common examples of mechanical problems that result from poor truck maintenance include:
- Brake failures caused by improperly maintained brake lines or worn brake pads and rotors
- Collapsed suspensions caused by worn or cracked suspension components
- Worn windshield wipers that fail to keep the windshield clear during precipitation
- Broken or burnt-out lights, including headlights, brake lights, running lights, or turn signals
- Worn or damaged tires that have a higher risk of a tire blowout or tread separation
- Transmission failures caused by worn gears
- Steering failure caused by damage or wear-and-tear to the steering column
- Trailer hitch failures that result in trailers suddenly detaching from the truck tractor
Other signs of poor truck maintenance include missing inspection and maintenance records, broken lights, missing reflectors, worn or discolored paint, rusted wheels or undercarriage, or odd noises during operation. If you’ve gotten into a crash with a truck that looks like it has not had regular maintenance, contact our truck accident attorneys as soon as possible. We can investigate the trucking company’s records for evidence of inadequate or deferred maintenance.
Mandatory Vehicle Maintenance Under Federal Trucking Regulations
Federal trucking regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) require trucking companies to maintain their fleets. Motor carriers must “systematically inspect, repair, and maintain” all vehicles under the trucking company’s control.
Maintenance should include properly lubricating the truck’s systems and ensuring that the truck does not leak oil or other fluids. Companies must also keep truck parts and accessories in safe and proper operating condition, including a truck’s frame, frame assembly, suspension systems, axles, wheels, rims, and trailer connections.
The regulations require trucking companies to keep maintenance records for vehicles that remain in the company’s control for at least 30 consecutive days. Maintenance records must include information such as:
- Identifying information for the truck, including company number, make, serial number, year of manufacture, and tire size
- The due dates for any future inspections or maintenance
- Records of all inspections, maintenance, and repairs performed on the truck, including the date and nature of the work performed
Trucking companies must retain inspection, maintenance, and repair records for one year or at least six months after a truck leaves the trucking company’s control.
Federal regulations further require truck drivers to perform post-trip inspections at the end of the driver’s daily shift and to record the results of the inspections in written reports when a driver identifies a potential issue. The reports must identify any defect or problem discovered by the driver that they believe would affect the vehicle’s safety or cause a mechanical breakdown.
Trucking companies must repair defects or deficiencies identified in a driver’s report before allowing the vehicle to return to service. Trucking companies must keep driver inspection reports for three months.
Determining Responsibility for Inadequate Truck Maintenance
Various parties bear responsibility for semi-truck maintenance. Liability for a truck crash caused by inadequate maintenance may fall on:
- A truck driver who fails to conduct required post-trip or pre-trip inspections or operates a truck without certifying that the trucking company has remedied all deficiencies listed in the prior post-trip inspection
- A trucking company that fails to inspect vehicles and perform repairs and manufacturer-recommended maintenance
- A truck owner or intermodal equipment provider that fails to maintain or repair trucks
- Third-party mechanics who perform negligent maintenance or repair work on a truck
Proving that inadequate truck maintenance caused a crash will require various pieces of evidence to show how poor maintenance caused a mechanical issue that led to the crash and identify the parties responsible for the negligent maintenance.
Examples of evidence our truck accident attorneys might use to determine responsibility for a negligent maintenance truck accident include:
- Driver post-trip inspection records
- Inspection, maintenance, and repair records from the trucking company or intermodal equipment provider
- Post-accident vehicle inspection and repair records
- Accident reconstruction and engineering expert reports and testimony
- FMCSA inspection reports
Get Legal Help from an Experienced Indianapolis Truck Accident Attorney Near You
If you’ve been hurt in a truck accident that may have occurred due to negligent truck maintenance, you need experienced legal help to secure the evidence necessary to prove the truck driver’s or trucking company’s fault for the crash.
Contact Craig, Kelley & Faultless LLC today for a free no-obligation consultation to discuss how our Indiana truck accident lawyers can help you pursue compensation for your harm and loss.
Email
Facebook
Twitter
Linkedin
Instagram