Negligent Commercial Truck Maintenance
The negligent maintenance of commercial trucks may pose significant safety risks on the road that may cause serious crashes, property damage, and injury or death to others. To ensure the safety of the truck driver and others on the roadway, all components of a tractor-trailer must be inspected, repaired, and maintained regularly for the vehicle to be in safe operating condition. This includes the connections between the truck and the trailer, axles, tires, underride guards, lights, brakes, steering system, and more. When a truck component fails, the trucker may lose control of the big rig, resulting in a crash.
Motor Carriers and Responsibilities for Inspection, Repair and Maintenance
In many commercial truck accident cases, it is common for liability to fall on the truck driver. However, the actual cause of the incident may not always align with typical scenarios, such as a driver speeding, making an improper lane change, working too long in violation of Hours of Service (HOS) regulations, or running a red light. Negligence that caused or contributed to a big rig crash may occur before the large truck hits the road. Some tractor-trailer crashes may be attributed to mechanical failures due to the insufficient maintenance, repair, and inspection of a tractor-trailer.
Federal guidelines require that motor carriers conduct routine service and upkeep of these vehicles. This serves to ensure that the tractor-trailer and its components are always in safe operating condition. If negligent commercial truck maintenance is the direct cause of a big rig crash, the motor carrier may be held accountable for the resulting losses from the mechanical failure. Federal safety regulations also require motor carriers to maintain records for 30 consecutive days for each vehicle they operate through lease or ownership. Motor carriers are also required to retain these records for one year.
Importance of an Independent Investigation in a Commercial Truck Accident Case
An in-depth investigation of a commercial truck accident should not be limited to the actions of just the truck driver and the trucking company. It is also essential for an investigation to assess the involvement of other parties responsible for maintaining the tractor-trailer. For example, the plaintiff’s counsel in Alabama recently filed a personal injury case on behalf of their client. The lawsuit alleged that the axle and tire assembly of a big rig became detached. The detached trailer allegedly crossed over the center line of the highway and collided with the plaintiff’s vehicle, resulting in severe injuries.
An independent investigation by the plaintiff’s counsel revealed that the truck driver and their employer leased the tractor-trailer unit from a separate entity. Furthermore, the lease agreement between the tractor-trailer owner and the truck driver’s employer stated that the owner was responsible for the overall maintenance, repair, and upkeep of the unit. This does not necessarily absolve the truck driver and trucking company from liability. Under the Federal Motor Carrier Safety Regulations, the trucker and their employer are still responsible for performing pre-trip and post-trip inspections.
In any accident involving a big rig, it is essential to initiate an independent investigation right away to identify all individuals and entities whose actions may have caused or contributed to a commercial truck accident. The legal team at AutoAccident.com has decades of combined experience conducting in-depth investigations and handling tractor-trailer collisions. If you need more information on your potential big rig crash case, reach out to our law firm to set up a free consultation. We are available to listen to your story and go over your options moving forward.
What Evidence Supports a Claim for Negligent Commercial Truck Maintenance?
Retaining legal counsel is essential in big rig crash cases. This is due to the potential for evidence getting destroyed or lost as time goes on. When a California truck accident attorney handles your case, they will send a letter of preservation of evidence to the opposing party to ensure that all evidence and documents are preserved in their original form. Examining vehicle components and records through an independent investigation can help an attorney determine the cause of the incident. Findings that may be indicative of negligent commercial truck maintenance may include but are not limited to:
- Steering system failures
- Burnt out or broken reflectors, signals, or lights
- Tire blowouts due to faulty tires, improper alignment, or tread separation
- Brake failure (e.g., defective brakes, faulty brake lights, and worn-down rotors or brake pads)
- Vehicle suspension, which is essential to assisting a truck driver in maintaining control of the big rig
The economic and non-economic damages that may be recovered after a big rig crash in California differ from case to case. This is due to the unique facts and circumstances involved in each matter. As such, an injured party or surviving family member’s best bet is to contact an experienced attorney before speaking with the insurer. This step may help claimants avoid common errors and mistakes that may occur after a tractor-trailer collision. Furthermore, this may protect the claimant’s rights and the validity of their claim. For more details, contact an experienced truck accident lawyer near you.
Truck Accident Lawyer in California
When independent investigations are conducted into commercial truck accident cases, findings may point to negligent maintenance. This may include truck drivers and their employers failing to perform pre-trip and post-trip inspections, as required by federal regulations. If you suffered injuries or lost a family member in a big rig crash due to the negligence or carelessness of a truck driver, trucking company, or another party, you may be entitled to compensation. Our experienced California truck accident lawyers are available to provide free, friendly case advice at (916) 921-6400 or (800) 404-5400.
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