Trucking companies and drivers must ensure their vehicles do not present a menace on the roadways. Unfortunately, sometimes they fail to fulfill this obligation. Negligent truck maintenance can have serious consequences, including significantly increasing the risk of accidents that cause injuries or even fatalities.
If you or someone you love was hurt in a crash resulting from negligent truck maintenance, you have legal rights. You can hold the driver and the trucking company accountable for their failures and get compensation for the harm that occurred because they didn’t ensure that their trucks were roadworthy before hitting the road.
You’ll need an experienced truck accident lawyer who understands Federal Motor Carrier Safety Regulations, though, and who knows how to investigate negligent truck maintenance claims, including subpoenaing maintenance records and finding experts to show how failed maintenance led to a collision occurring.
Drafahl Law Firm has extensive experience with these technical claims, and we’ll put our knowledge to work for you. Give us a call today to talk with a St. Louis truck accident lawyer who can help.
What is Negligent Truck Maintenance?
Negligent truck maintenance occurs when those responsible for maintaining a truck — including drivers and trucking companies — fail to fulfill their obligations.
Federal Code of Regulations (CFR) § 396.3, states that “Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
This means that owner/operators must ensure that their truck is appropriately maintained, while those truckers who lease trucks are reliant on the parent trucking company to take action and ensure the vehicle is roadworthy.
Crash victims may be able to pursue a claim for damages against the driver, the parent company, and even the contractors that those companies turn to for maintenance, in the event that a failure to fulfill these obligations causes a collision to occur.
A violation of Federal Motor Carrier Safety Regulations creates a presumption of negligence, making it easier for victims to prove their claim, but those harmed due to negligent truck maintenance can also pursue justice even if no regulation was violated — provided they can prove the trucker or parent company was less responsible in truck maintenance than the average reasonable company would be.
Maintenance Issues That Could Result in Truck Accidents
Any type of inadequate or improper maintenance that affects truck operations could potentially result in a truck crash, but certain maintenance issues are more likely than others to cause accidents to occur.
Some common examples of truck maintenance problems likely to lead to an accident include:
- Worn brake pads
- Improperly maintained brakes
- Cracked suspensions
- Worn suspensions
- Damage to the steering column
- Cracked or split windshield wipers
- Failing transmission
- Minimal tire tread
- Trailer hitch failures
If you experience a collision as a result of these or other maintenance issues, you should get prompt legal help to pursue a claim for justice.
Getting Help from a St. Louis Truck Accident Lawyer
A St. Louis truck accident lawyer can help you to prove a negligence maintenance claim so you can get full and fair compensation for the damage you endured. Our firm can help you gather evidence, including maintenance logs, FMCSA inspection logs, inspection and repair records, and photo or surveillance video evidence that proves your case.
Give us a call today or contact us online to schedule your free consultation and learn more.