There are nearly 3 million registered semi-trucks in the United States. The trucking industry generated more than $940 billion in revenue in 2022. Commercial trucks play an important role in our country, transporting necessary supplies and resources across the country. Without a highly intricate and established commercial truck industry, the United States would struggle to meet its basic daily needs. While trucking plays a vital role in sustaining our country, sometimes trucks are involved in catastrophic collisions.
If you or a loved one have been affected by a truck accident, you could be entitled to receive compensation for your damages. The cause of every truck crash must be closely investigated by authorities. There are many common reasons why these devastating crashes take place. While we typically think of driver negligence as a leading cause, other events can contribute to truck crashes. One contributing factor can be poor or neglected maintenance. As part of any routine truck crash investigation, the truck’s maintenance history should always be checked.
The trucking industry is largely regulated by the Federal Motor Carrier Safety Administration, also known as the FMCSA. The FMCSA has established a set of rules for the maintenance of commercial trucks nationwide. Under the FMCSA rules found at 49 C.F.R. 396, truckers are required to regularly inspect their vehicles and ensure that they are in safe working order. Further, all truck parts, including the frame, frame assembly, suspension, axles, wheels, rims, and suspension, must be in good condition. If parts are in need of repair, the repairs must be promptly made, and the truck must be safe before it is allowed back on the roadway.
Failure to comply with FMCSA regulations is a serious violation that can lead to heavy fines and a downgrade in the trucking company’s safety rating. Employees who fail to follow the regulations may face corrective action, including suspension, probation, and loss of employment.
The maintenance rules from the FMCSA are made with the clear idea that commercial vehicles should be as safe as possible. This is a logical goal considering that these massive trucks can weigh up to 80,000 pounds when they are fully loaded. A truck that has a poor or incomplete maintenance history can quickly become a danger to other drivers.
Worn-out truck parts such as suspensions, brakes, clutches, and other components can make a truck extremely dangerous. All commercial vehicles should be as safe as possible, and a truck with poor components is a crash waiting to happen. Truck drivers who fail to perform routine maintenance may miss the obvious warning signs until it is too late.
Once you believe that negligent maintenance played a role in your crash, your focus then turns to who should be held responsible. In the case of faulty maintenance, many potential individuals can be liable to you, including:
Making sure that you are pursuing the appropriate individuals is important to a smooth and efficient claim.
Seeking accountability for your truck accident starts with a thorough investigation. If you suspect that poor maintenance may have led to your truck crash, you should contact an attorney as soon as possible.
A national truck crash attorney will do the following:
Building a case for negligent truck maintenance begins and ends with a full look into the crash. Your attorney will leave no stone unturned when it comes to determining how you were hurt. One of the first steps in fully evaluating evidence from the crash in order to determine how it occurred.
If you were hurt in a truck crash due to poor maintenance, you may be entitled to recovery. The financial damages available to victims include payment for pain and suffering, lost wages, medical bills, prescription costs, and possibly more. The amount and nature of your compensation depend upon many factors that are specific to your case. Speaking with an attorney is the first step that you should take to begin securing your future.
If you have unexpectedly lost a loved one in a truck crash, you could also be entitled to compensation. Many of the same laws and rules apply to fatal truck accident cases. In this instance, victims may seek loss of earning capacity and loss of affection and companionship, among other damages.
One of the most difficult things for truck crash victims following an accident is dealing with the insurance company. Insurance adjusters may use high-pressure tactics to try to get you to settle your case on their terms. In the case of a truck maintenance accident, they may lead you to believe that they are not at fault. The adjuster is just hoping that you will give up and accept their settlement offer.
In reality, the insurance company almost always offers inadequate settlements. Until you have an attorney working for you, you are likely not going to maximize the value of your claim. Here at Burg Simpson, we will stand up for the rights of our clients. We are not intimidated by the insurance company and will make sure that you receive the compensation you deserve.
Poor maintenance is a leading factor in many collisions. However, being able to establish this fact and hold the proper parties accountable is easier said than done. Our attorneys have substantial experience handling negligent maintenance cases. We will fully investigate every claim to see whether the trucking company actually followed the federal guidelines.
We are standing by to speak with you at any time. Our United States truck crash attorneys will evaluate your case for free and help formulate a plan for your recovery. To schedule your consultation, please reach out to us via the link on our website or give us a call at (866) 695-1839.