Negligent Maintenance

Freight companies must maintain their fleets to avoid unexpected mechanical failures. If they don’t invest in routine inspections and address potential issues, companies may put their drivers and other motorists in harm’s way. Fleet maintenance negligence and commercial vehicle repair failure can both lead to accidents.

Common issues that lead to trucking accidents include:

  • Faulty brakes
  • Burnt-out headlights, brake lights, or turn signals
  • Loose cargo
  • Tire blowouts
  • Poor suspension and traction

If you’re the victim of a commercial vehicle accident, contact a personal injury lawyer. Attorneys may share your improper truck upkeep liability concerns and conduct an investigation to determine fault. You may be able to pursue legal action against a trucking company for failing to maintain the vehicle. 

Companies Could Face Serious Penalties for Trucking Maintenance Violations 

A trucking company’s negligent maintenance may be a direct violation of federal safety regulations. The Federal Motor Carrier Safety Administration dictates that commercial trucking companies take proactive steps to avoid accidents. These include:

  • Performing pre- and post-trip truck inspections
  • Keeping records of all vehicle repairs and services
  • Correcting a problem immediately upon noticing it

Failure to comply with these regulations impacts the business’s accident liability. It may also make them subject to fines and other penalties imposed by the FMCSA.

Who May Be Liable in a Defective Truck Equipment Claim?

Liability in a commercial truck accident varies for every case. If a defective part causes the crash, it’s possible to have one or more at-fault parties, such as:

  • The driver
  • The trucking company
  • The vehicle’s manufacturer

Let’s use the example of a defective turn signal to explore each party’s potential liability. 

Say a driver inspects the vehicle before a trip, notices the malfunctioning turn signal, and doesn’t report it. They could be liable if an accident occurs because of the faulty part. 

What if the driver notices the defective turn signal and alerts their supervisor, but the company never fixes it? This may indicate a trucking company’s negligent maintenance. The freight company is responsible for scheduling repairs and correcting any flagged issues promptly.

Now, consider a scenario in which a driver and their trucking company diligently inspect and maintain their fleet. If the turn signal fails unexpectedly, the parts manufacturer could be the subject of scrutiny. A manufacturer is responsible for equipping vehicles with safe, reliable components. 

How To Determine Liability in a Truck Accident Case

Victims of commercial vehicle accidents have no way of knowing what caused the crash without conducting a thorough investigation. Personal injury lawyers handling their cases can investigate possible causes and gather evidence supporting their claims. Critical pieces of evidence may include:

  • Police reports
  • Witness statements
  • Video footage of the crash
  • Truck maintenance and repair logs

A trucking company’s action (or inaction) could be at the center of the investigation if a victim believes they are liable for their injuries. Legal professionals can determine liability by reviewing the company’s maintenance protocols and looking for inconsistencies. For example, if supervisors once trained drivers to inspect vehicles before every trip, but now new hires don’t receive the same training, responsibility could fall on the company. 

Discuss a Trucking Company’s Liability With a Personal Injury Lawyer

If you suspect a trucking company’s negligent maintenance contributed to your injuries, contact Fenstersheib Law Group, P.A. to review your case and explore your legal options. Whether you suspect truck inspection neglect or defective parts as the crash’s main cause, our attorneys have experience collecting and reviewing relevant evidence in trucking liability claims.

Call 954-456-2488 to schedule a free consultation. You can also submit our online request form to get started.

Fenstersheib law group, p. A.

The Lawyers at Fenstersheib Law Group, P.A. provide
personalized legal representation for personal injury cases.
FREE CONSULTATION 833-TellFLG (954) 456-2488

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