Maintenance Issues & Truck Accidents
Maryland, Virginia, & Washington, D.C.
Because a defective or poorly maintained truck can increase the risk of an accident, trucking companies have a legal responsibility for maintaining their trucks. Inspection responsibilities to identify unsafe vehicles and get them off the road are shared by the trucking company and the driver. When a faulty vehicle causes a truck accident, an experienced trucking accident attorney knows how to determine who was responsible for the faulty condition of the truck.
Truck driver responsibility
Truck drivers are primarily responsible for regular inspections of the vehicle and ensuring that equipment failures are identified before they cause a truck accident. They are required to inspect the truck at least twice a day. Before starting, they are to review the post-trip inspection report made after the truck’s last trip. If the report listed necessary repairs, drivers should verify that the repairs were made. Driver inspections must include:
- Service and parking brakes including trailer brake connections
- Steering
- Lights and reflectors
- Horn
- Tires
- Wheels and rims
- Windshield wipers
- All mirrors
- Couplings
- Emergency equipment
If any equipment is not in working order, it must be reported to the trucking company immediately.
Trucking company responsibility
It is against the law for trucking companies to require or allow drivers to operate a truck in need of repair. Maintenance records must document work done, parts purchased, and repair requests made by drivers. Trucking companies are also required to have their trucks inspected annually by a qualified inspector. Trucking companies also have a list of specific maintenance duties–like ensuring trucks don’t have oil leaks–they must perform to ensure a truck is roadworthy.
Agents of the Federal Motor Carrier Safety Administration (FMCSA) may board and inspect trucks. A truck may be declared “out of service” if it is deemed to be unsafe due to poor maintenance or improper loading. Out of service trucks cannot be operated until repairs or other corrective measures have been completed.
Determining responsibility
Trucking companies have final responsibility for the condition of their trucks. In most accidents caused by poor maintenance, the trucking company is at fault, either partially or completely. Drivers may also be held responsible after an accident if they fail in their duties of performing inspections or notifying the trucking company of maintenance issues.
If you or a loved one has been hurt in a trucking accident in Maryland, Virginia or Washington DC, please contact a skilled truck accident lawyer at Chaikin, Sherman, Cammarata & Siegel, P.C. before accepting an insurance company settlement.
