Large trucks have the potential to be highly dangerous due to their immense size and weight. The individuals and entities that own commercial trucks have a responsibility to keep up with the vehicle’s maintenance needs for the safety of the public. Negligent or poor truck maintenance can lead to dangerous part and equipment breakdowns that ultimately cause truck accidents.
What Are the Federal Truck Maintenance Requirements?
Commercial trucks are known as common carriers, which are subject to special federal safety rules and regulations. The Federal Motor Carrier Safety Administration (FMCSA) enforces rules that are in place for the inspection, repair and maintenance of commercial motor vehicles, and requires all parts and accessories to be in “safe and proper operating condition at all times.”
The Federal Code of Regulations Part 396 requires every motor carrier and equipment provider to systematically inspect, repair and maintain all motor vehicles and equipment subject to their control. This includes a truck’s suspension system, wheels and tires, axles, frame, and steering system. Inspection records must be maintained for a minimum amount of time.
The Dangerous Consequences of Negligent Truck Maintenance
Federal law prohibits the operation of a commercial motor vehicle if it is in such a condition as to “likely cause an accident or a breakdown of the vehicle.” Unfortunately, not all truck owners obey these federal maintenance requirements. If an individual or entity is negligent, meaning it fails to meet the expected or required standards of truck maintenance, the truck can fall into a dangerous state of disrepair.
Maintenance issues can cause issues such as a tire blowout or brake failure. A truck driver could lose control of the vehicle due to faulty equipment and cause an accident. A poorly maintained truck may have handling difficulties or steering problems, for example, that make it impossible to avoid a collision. Poor truck maintenance can also enhance the severity of accidents that do occur by increasing the speed and force of the impact.
How to Prove Poor Truck Maintenance
If you get involved in an accident with a large truck in Connecticut, the owner of the vehicle may be held liable, or legally responsible, for your losses based on proof of negligent truck maintenance. If your truck accident attorney can provide evidence showing that the defendant did not adhere to the correct maintenance and inspection standards, this can serve as proof of liability for a resultant truck crash.
While every case is unique, evidence proving negligent truck maintenance may include vehicle maintenance and inspection reports, logs from the truck driver or maintenance crew, the truck’s black box, the truck’s crash history, evidence of defective truck parts, a history of trucking company regulatory violations, physical evidence, photographs and videos, eyewitness statements, and testimony from experts.
Why You Should Contact an Attorney After a Truck Accident in Connecticut
If you suspect that your trucking accident could have been prevented with an appropriate level of truck maintenance, seek counsel from an experienced truck accident lawyer to discuss your legal rights and options. An attorney can conduct a comprehensive investigation of the accident to determine its cause and search for evidence of poor vehicle maintenance.
Your lawyer can file a claim against a trucking company, a private owner/operator, a maintenance crew or another party for failing to ensure the safety of the commercial vehicle. To speak to an attorney about a recent truck accident in Connecticut, contact Loughlin FitzGerald, P.C. to arrange a free consultation.
