21 Aug Faulty inspection, maintenance, or repair can cause truck accidents
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 804-464-3765 today to speak directly with one of our experienced attorneys.
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