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Faulty inspection, maintenance, or repair can cause truck accidents
Monday, August 08, 2011
If you were injured in an accident caused by the improper inspection, maintenance or repair of a tractor trailer, the trucking company’s own records may provide the most important clues and evidence to support your claim.
The attorneys at Paullin Law Firm know that obtaining these records is
imperative, and will ensure that they acquire every piece of evidence
that may help defend your claim.
• Under
the Federal Motor Carrier Safety Regulations, interstate motor carriers
are required to “systematically inspect, repair, and maintain all motor
vehicles subject to [their] control,” and must maintain accurate
records of all inspections, repairs and maintenance (FMCSR § 396.3).
However, these records must be maintained for only 1 year, or less if
the truck leaves the motor carrier’s control. Thereafter, they may be
destroyed. The
attorneys at Paullin Law Firm are familiar with these regulations and
know how to secure crucial records before they are lost or destroyed.
• Every
motor carrier must prepare a daily written report identifying any
defect or deficiency the driver has discovered that could affect the
safety of the vehicle’s operation or result in its mechanical breakdown.
The carrier must maintain the original inspection report and
certification of repairs for only 3 months from the date the report was written. If
a company is aware of a defect but makes a conscious decision not to
repair it, regardless of the risk to the general public, their negligent
action may result in an accident.
If you were injured in a collision caused by a trucking company’s
failure to correct a defect in one of its tractor trailers, our
attorneys will obtain the carrier’s daily reports to determine if the
trucking company was negligent.
• Motor
carriers are required to maintain a driver qualification file for every
driver, including a driver’s application for employment, driving
record, the medical examiner’s certificate of the physical qualification
to drive a commercial motor vehicle and a list of violations of motor
vehicle laws. The attorneys at the Paullin Law firm will review these
documents to seek evidence the truck driver involved in your accident
had prior traffic violation convictions for reckless driving or DUI.
The
attorneys at Paullin Law Firm are knowledgeable about the regulations
listed above as well as other federal regulations that govern the
loading, maintenance, and operation of tractor trailers. Our attorneys
review these and many other facts of your case to determine if a
trucker’s failure to comply with the safety regulations contributed
cause to your accident. Call (804) 423-7423 today to speak directly with one of our experienced attorneys.
The
information and materials on this web site are intended to be used for
informational purposes only and should not be considered legal advice.
Individuals should not act upon information provided on the site without
seeking professional legal counsel, as situations and facts vary with
each case. In addition, Paullin Law Firm does not endorse or sponsor any
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information are current as of the posted date.