Gordon Elias & Seely, L.L.P.     800 - 773 - 6770
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Poor Maintenance

Any motor vehical that transports goods or payng customers is considered a commercial vehicle. The all encompassing definition in the US of a commercial vehicle is any vehicle that is titled or registered to a company which could include company cars to fleet trucks. Most large commercial trucks are referred to as tractor-trailers. They are a common sight on the roads and high ways throughout the United States. They transport products all over the country. In fact, there has always been a sentiment that if we stop seeing trucks traveling the roads, then our economy is in a bad state. Even though seeing hundreds of these large rig trucks on the roads is a good sight, they also happen to be the most dangerous vehicles on the highways because of their size mass and weight. Statistics state that commercial trucks are involved in 3 percent of all traffic accidents, resulting in over 5,000 fatalities and over 130,000 injuries each year to both truck drivers and the other motorists who share the road with them. One of the most common causes of truck accidents is due to poor maintenance of the truck.

How These Truck Accidents Happen

All commercial trucks must meet certain safety standard regulations prior to operating on the roads. These regulations are established by the Federal Motor Carrier Safety Administration. Wear and tear is a common problem for commercial trucks, which are on the road for lengthy periods while hauling heavy loads. When truck drivers or a company's maintenance teams do not check the truck's equipment routinely or repair worn parts routinely, a recipe for disaster is in the making. Trucking accidents resulting from poor maintenance are caused by one or more of the following parts not being maintained properly:

  • Brakes
  • Lighting devices and reflectors
  • Steering mechanism
  • Tires
  • Horn
  • Windshield wipers
  • Mirrors
  • Coupling devices

When a truck accident is caused by poor truck maintenance, not only can the owner / company be held liable for any damages or injuries caused by the accident, but also the actual operator of the truck. The Federal Motor Carrier Safety Administration requires all trucks go through a pre-trip inspection and a post-trip inspection. The pre-trip inspection is to make sure that the cab and the trailer are properly attached to one another, while the post-trip inspection is to make sure that none of the parts on the truck has become worn during the previous trip. This is a standard that should be adhered to for every single commercial truck trip.

Liability

As mentioned earlier, the driver of the truck or the trucking company can be held liable for any commercial truck accident that is a result of the poor maintenance of the truck. Because it may be difficult for the plaintiff and the plaintiff’s attorney to prove that the defendant is liable in this type of litigation, it is important to hire an experienced truck accident lawyer. The plaintiff’s attorney will need to prove that the driver of the truck owed the plaintiff a duty of reasonable care when driving the truck and that reasonable care was breached by the truck driver.

Injuries and Compensation for Truck Accidents Due to Poor Maintenance

Victims of poor maintenance commercial truck accidents can suffer from a slew of injuries including but not limited to the following:

  • Broken bones
  • Concussion
  • Coma
  • Head trauma
  • Severed limbs
  • Respiratory problems

Victims of truck accidents caused by poor truck maintenance can sue the truck driver and/or the trucking company for one or more of the following compensation:

  • Medical bills
  • Hospital bills
  • Loss of wages
  • Repair costs
  • Legal fees
  • Courtfees
  • Pain and suffering
  • Loss of consortium

Obtaining Legal Help

If you or a loved one has been injured because of the poor maintenance of a commercial truck, immediately contact an experienced commercial truck accident attorney at the law offices of Gordon Elias & Seely, L.L.P. One of our commercial truck accident attorneys along with our truck accident specilists will obtain all of the necessary evidence needed to prove liability and negligence on the part ofthe truck driver and/or the trucking company. Our truck accident lawyers will relieve some of the stress suffered by the plaintiff that is associated with building the case and filing a lawsuit. Gordon Elias & Seely, L.L.P. attorneys will strive to win you all the compensation you and your family deserve.

The content of this website is provided for informational purposes only, and does not constitute legal advice. If you need help with a Truck Accident claim, consult an experienced trucking accident attorney from the law offices of Gordon Elias & Seely, L.L.P. by calling TOLL FREE: 800 - 773 - 6770 OR by filling out the Free Case Evaluation Form on this page.
Gordon, Elias & Seely, L.L.P.
1811 Bering Drive, Suite 300     Houston, TX 77057     Toll Free: 1-800-773-6770     Fax: 713-668-1980