Truck accidents are major, catastrophic events that can lead to devastating injuries and extreme damage to property. According to statistics, more than 150,000 people are injured and approximately 5,000 are killed each year in truck accidents on America’s roadways. The numbers further show that the majority of victims are in the other vehicle at the time of the accident. In other words, cars and passenger vehicles are more vulnerable in these types of accidents when compared to larger commercial trucks.
Following a truck accident, there will be an investigation into the cause of the collision. Many crashes are caused by driver negligence or error. However, in some instances, the accident may occur because of maintenance issues and equipment defects. When a truck collision occurs, the maintenance history and logs of the particular truck in question must be examined. This examination can sometimes reveal if the crash was caused by driver negligence or a maintenance issue.
As always, if you or a loved one have been involved in a crash involving a commercial truck, you should reach out to a qualified national truck accident lawyer as soon as possible. At Burg Simpson, we have a team of dedicated and driven legal professionals who are standing by to help at any time.
The Federal Motor Carrier Safety Administration (FMCSA) sets out requirements for commercial vehicle and truck maintenance. These standards are set forth in the Code of Federal Regulations more commonly known as the CFR. The CFR standards for commercial vehicles include:
In addition to the foregoing standards, the FMCSA requires trucking companies to maintain records for each vehicle under their control, such as:
Under the FMCSA, truck drivers are required to conduct a daily post-trip inspection report. The inspection reports must identify the vehicle and list any defects that were discovered or known that could affect the safety of the truck. An original copy of these records must be maintained for 3 months.
Pursuant to 49 CFR 396.17, a commercial motor vehicle must undergo an annual inspection at least once every 12 months. These inspections test major components of the vehicle, including:
In many cases, truck accidents are caused by driver negligence. However, this is not always the case. Failure to adhere to FMCSA standards regarding truck maintenance and inspection is a common cause of truck crashes across the country. When negligent maintenance is identified as a cause of truck accidents, the trucking companies themselves may be held liable for the crash. Under the FMCSA, trucking companies are responsible for conducting the routine and regular maintenance required by federal regulations. If the maintenance is not conducted thoroughly or in accordance with safety standards, the company may be held responsible.
In other instances, a third-party mechanic or maintenance shop may also be at fault. Even if the proper maintenance was performed, it may not have been performed up to industry standards, leaving the mechanic liable for their work.
There are also situations where the driver themselves could be at fault if the required daily inspection was not carried out or was not performed up to an acceptable standard.
When improper truck maintenance may be an issue, there must be an investigation into the cause of the crash. In order to determine whether negligent maintenance played a role, the services of an expert witness may be required. The expert witness can examine the maintenance records of the truck in question and other available evidence in order to determine if poor maintenance led to or played a role in the crash. Having an expert witness is vital to determining liability.
Victims who are injured by a negligently maintained truck will have a claim for certain legal damages, including:
Obtaining an appropriate and fair amount of damages depends upon the specific circumstances of your case. Speaking with an experienced truck accident attorney is necessary in order to help determine the value of your claim.
If you have been involved in a truck accident, you need tough and aggressive representation. Truck drivers and trucking companies are almost always looking to lessen or avoid their liability for a crash. You shouldn’t simply accept the trucking company’s answer that they are not responsible for the accident. Instead, you should seek out an attorney who can obtain the answers on your behalf so that you know you are protected.
Here at Burg Simpson, we pride ourselves on providing the best legal representation for our clients. We know that this is a difficult time in your life and we are here to help you get the compensation that you need and deserve.
Our consultations are always free for all potential and prospective clients. Do not speak with the insurance company until you have an attorney by your side. There is no obligation unless we obtain a recovery on your behalf. To schedule your appointment with a national truck accident attorney, please reach out to us using our online intake form or give us a call at (866) 695-2112.
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