Poor Maintenance

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Commercial trucks, also referred to as tractor-trailers, are a common sight on the roads of the country these days. In fact, there has always been a sentiment that if we stop seeing trucks traveling the roads then the economy is in a bad state. Even though seeing hundreds of trucks on the roads is a good sight, they are also the most dangerous vehicles around because of their size. Commercial trucks are involved in 3 percent of all traffic accidents, resulting in 5,000 fatalities and over 130,000 injuries each year to truck drivers and other motorists. One of the most common causes of truck accidents is poor maintenance.

How These 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 do not check their equipment routinely or repair worn parts routinely this is a recipe for disaster. Accidents resulting from poor maintenance are caused by one or more of the following parts not being maintained:

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

Accidents caused by poor truck maintenance hold the owner and/or operator of the truck liable for any damages or injuries caused by that accident. 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 and the post-trip inspection is to make sure that none of the parts on the truck has become worn while on the previous 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. It is difficult for the plaintiff and the plaintiff’s attorney to prove that the defendant is liable in this type of case. 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 that reasonable care was breached by the truck driver.

Injuries and Compensation

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 these types of accidents can sue the truck driver and/or the trucking company for one or more of the following:

  • Medical bills
  • Hospital bills
  • Loss of wages
  • Repair costs
  • Legal fees
  • Court fees
  • 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, contact a commercial truck accident attorney immediately. A commercial truck accident attorney will be able to obtain all of the necessary evidence needed to prove liability and negligence on the part of the truck driver and/or trucking company. The attorney will also be able to relieve some of the stress suffered by the plaintiff that is associated with filing a lawsuit.

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