How Can I Prove That Poor Maintenance Caused Fatal Semi-Truck Accident?

Question:  My son and daughter-in-law were recently killed an accident with a semi-truck while on vacation in Texas.  According to the police report, the truck was in bad condition prior to the runaway truck crash.  Is it possible to find out if poor maintenance contributed to the negligence of the trucking company?

Response:  Deadly semi truck crashes are far less frequent than auto accidents; however, they are usually more catastrophic in terms of damage to property and human life.  Texas leads the nation in the number of fatal truck accidents that occur each year.  Trucking companies are required to keep maintenance logs and to ensure their commercial vehicles are operating properly.  Poor maintenance can contribute to the failure of the brakes, steering, tires and cause problems with safely transporting their cargo.  The trucking company is responsible for performing period inspections to make sure that the vehicle is in proper working condition.

Truck drivers are responsible for inspecting their vehicle at the beginning and end of each day and to report any defects.  They must carefully review the last driver’s inspection report to ensure that all equipment is in good working order before operating a vehicle.  Federal law requires drivers and their employers to keep logbooks, fuel receipts and other trip documentation for six months and vehicle maintenance records for one year.  When an accident occurs, they are required to preserve all relevant documents.

When fatal truck accidents are caused by negligence on behalf of the truck driver or trucking company, the decedent’s family has the legal right to seek compensation for the losses suffered.  These cases can be extremely complicated and involve intricacies of the law.  You should seek legal advice from a qualified professional semi truck accident attorney.

                        Answered by Linda Adams

Additional Resources: Wrongful Death Attorneys     

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