How Poor Truck Maintenance Records Can Help Your Claim
There are many different causes of truck accidents but some of the most common are attributed to mechanical failures due to improper truck maintenance. Federal and state regulations require trucking companies to regularly inspect their vehicles, perform maintenance when necessary, and keep detailed records outlining the inspections and maintenance performed. Below, our San Antonio truck maintenance safety lawyer outlines how poor truck maintenance causes accidents, and how you can obtain records to prove the trucking company was negligent.
Why are Maintenance Records Important in Truck Accident Cases?
The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to keep inspection and maintenance logs. These records can establish whether a truck was in good working order and safe to drive prior to an accident. If a trucking company ignored regulations or otherwise cut corners, violations of the rule can act as strong evidence when holding a trucking company accountable. Maintenance records are important in truck accident cases for many reasons, including:
- Prove negligence: Improperly maintained tires, brakes, and other components are often the cause of crashes. Thorough maintenance records can prove that a company ignored the needed repairs.
- Establish a history of neglect: If maintenance records show the trucking company repeatedly violated the law, it can establish systemic safety failures.
- Disprove defenses: Trucking companies often try to shift blame to truckers or external factors. Maintenance logs can prove these defenses to be untrue.
Common Truck Maintenance Issues
There are a number of ways trucks or parts of trucks can break down. These include brake system failures, faulty headlights or turn signals, suspension issues, brake system failures, and more. Any one of these issues can cause or contribute to an accident, which is why it is so critical that trucking companies perform the necessary maintenance to ensure their vehicles are safe. When trucking companies fail to do this, they can be held liable.
Obtaining Commercial Vehicle Maintenance Records
To obtain truck maintenance records, you must request them from the trucking company. Without the help of a San Antonio truck maintenance safety lawyer, this can be extremely difficult, if not impossible. A lawyer can help in many different areas, including:
- Subpoenaing the maintenance records for at least the previous year
- Review inspection reports such as federal and state inspection reports that may indicate previous violations
- Analyze repair orders to determine if issues were reported and if they were properly addressed and corrected
- Check electronic logging devices (ELDs), as some systems can record vehicle diagnostics, such as engine faults
When trucking companies refuse to voluntarily provide the necessary maintenance records, our experienced attorney can initiate litigation to compel disclosure. Your attorney can then use the maintenance records to prove your case to the insurance company or a judge or jury, if necessary.
Our Truck Maintenance Safety Lawyer in San Antonio Can Prove Your Case
Proving liability in a truck accident is never easy, particularly when a crash is caused by improper maintenance. At the Law Office of Israel Garcia, our San Antonio truck maintenance safety lawyer can collect the necessary evidence to strengthen your claim and hold the trucking company liable. Call us now at 210-LAW-9999 or contact us online to schedule a consultation.
Source:
fmcsa.dot.gov/regulations/search
