When you see a commercial truck on the road, like an 18-wheeler, you know to exercise caution. Blind spots are larger on commercial trucks, and these vehicles tend to make wide turns. You know to keep your distance; if you need to pass, you do so quickly and cautiously.
However, sometimes it doesn’t matter how careful you are. You can still be involved in an accident with a truck. The reason for the accident may be due to inadequate maintenance, which may mean you need legal help for truck maintenance negligence. What is truck maintenance negligence, and how can it affect a potential accident claim?
Understanding Truck Maintenance Laws
The Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating all commercial vehicles.
A commercial vehicle is classified as any used to transport goods or people for profit. This means commercial vehicles aren’t limited to only semi-trucks. Buses and other large vehicles also fall under FMCSA guidelines.
If a commercial trucking company fails to meet FMCSA guidelines, it can face fines and other penalties. A primary requirement is that all vehicles must be regularly inspected and maintained. If an issue is identified, it must be repaired before the vehicle can hit the road. Some of the mandatory requirements include:
- Keep inspection, maintenance, and repair records
- Always keep all parts and accessories in proper working condition
- All emergency doors and windows must be inspected every 90 days
- Unsafe vehicles must be placed out of commission until repairs are finished
- Drivers must maintain separate daily trip inspection reports every time they take a vehicle out
- Commercial truck owners must also schedule a comprehensive vehicle inspection at least once every 12 months.
The primary goal of these and other FMCSA regulations is to prevent truck maintenance accidents. The standards also help hold truck owners and operators accountable for failing to keep up with routine maintenance.
Common Types of Negligent Truck Maintenance
Keeping up with routine maintenance can be time-consuming and expensive, even if you’re only operating one or two trucks.
If your business is running a fleet, maintenance costs can quickly skyrocket. Even though vehicle maintenance can be costly, failing to keep up with it can easily become more expensive, and this can be especially true if an accident occurs. So, what types of maintenance do truck owners and operators commonly fail to keep up with?
Brakes
Brake failure is a common cause of trucking accidents. Big rigs use air brakes that force a truck to slow down or come to a stop. If the brakes aren’t maintained, and this includes regulating air pressure, the truck may not be able to stop in time to avoid an accident.
Along with checking brake pressure, cables, rotors, and other components also need to be regularly inspected.
Steering Systems
If the power steering goes out in a sedan, drivers know how difficult it can be to control their vehicles. Just imagine the difficulty of keeping a large commercial truck under control when the steering goes out.
Whether it’s low on power steering fluid or a broken cable, it will affect the driver’s ability to control the truck. The truck can swerve into another lane, hit oncoming traffic, or strike parked vehicles.
Tire Blowouts
All drivers should be aware of the risks associated with a tire blowout. Regardless of the vehicle’s size, a blowout can result in an accident. Keeping the tire tread is part of responsible vehicle ownership.
The U.S. Department of Transportation (USDOT) requires all commercial vehicles to have a tread depth of at least 2/32 inches deep. Anything lower significantly increases your chances of being involved in an accident.
Don’t forget to look for any bald spots on the tires. If bald spots are present, it’s a sign the vehicle needs to be retired until the tires are replaced. A bald spot significantly increases your chances of both a blowout and possibly an accident.
Shifting Loads
When you see a large truck on the road, there’s a good chance it’s carrying cargo. Whether it’s a semi-trailer or a flatbed, you expect the load to be secure and balanced. In other words, you don’t expect the load to shift during transit. You also don’t expect a load to fall off of a moving truck.
Unfortunately, sometimes adequate precautions aren’t in place when a truck takes off from the loading area. The driver probably presumes the load is secure and balanced, but this isn’t always the case.
A shifting load can cause the driver to lose control of the truck. If the load falls off, it creates a road hazard. Both scenarios can result in a truck maintenance accident.
Additional Causes of Negligent Truck Maintenance
Other common causes of accidents due to poor truck maintenance include a lack of lights and a faulty trailer coupling system. If the coupling system fails, the trailer can break loose and this almost always results in an accident.
The same also applies to inadequate lighting. Not only oversized loads require lighting. All commercial vehicles must have working headlights, brake lights, turn signals, and flashes.
Who’s Liable in a Negligent Maintenance Trucking Accident
Determining liability in a negligent maintenance trucking accident can be complicated. Usually, the liable party is the vehicle’s owner and/or operator. Remember, a commercial vehicle can be owned by one party and operated by another. Whoever is responsible for maintaining the truck is typically responsible for covering your damages.
The entity responsible for maintaining the truck may also be responsible for your damages. For example, if the vehicle’s owner is keeping up with the maintenance but the entity providing the services is lax, they may be the named defendant in your personal injury claim.
Since determining liability can be complex, it’s usually best to work with an experienced accident attorney. They can help you determine liability so you can move forward with your personal injury claim.
You Can Pursue Compensation for a Negligent Truck Maintenance Accident
If your accident was caused by a truck’s faulty maintenance, you might have grounds to file a claim for your damages. However, determining liability can be a confusing and complex process.
To make things easier, consider contacting an experienced accident attorney who can guide you through your legal options and help ensure you pursue the compensation you deserve.
