and prevent an accident.
Faulty or poorly maintained trucks are one of the most common causes of trucking accidents . When any part of a truck fails, even the most experienced and alert truck driver may not be able to control the truck and prevent an accident. Total failure of a part is not necessary to cause an accident. The size and momentum of semi tractor-trailers means that even a slight or partial malfunction can cause an irreversible chain of events ending in catastrophe.
For instance, it is obvious that when brakes fail an accident will more than likely result. However, brakes do not have to go out completely to cause a collision. Brakes which simply operate sub-par can unexpectedly increase stopping time and distance causing a crash. Similarly, we know that a tire blowout can easily cause a rollover , but did you know that unevenly worn tires can also lead to rollover in large commercial trucks?
Trucking companies and truck drivers share in the responsibility for truck maintenance. The truck driver is not responsible for performing the work on the truck, but is responsible for basic daily inspections. Truck drivers have a vested interest in properly performing this duty - it can keep them from being in an accident and getting injured. However, various factors, such as fatigue and unrealistic schedules, sometimes mean that drivers are less than attentive in their inspections.
Ultimately, trucking companies are responsible for the condition of their vehicles. They have a legal duty to keep unsafe trucks off the road. They cannot require or allow a driver to operate an unsafe truck. Unfortunately, some trucking companies cut corners on repairs and maintenance sending poorly maintained trucks out on the road and even falsifying and asking divers to falsify documents.
When a poorly maintained truck is the underlying cause of an accident, it takes an experienced truck accident attorney to track down the evidence. Trucking companies are required to keep extensive records regarding truck maintenance, and your attorney has to know which records to obtain. Obtaining the right records is just the beginning. Your attorney must also know how to read and evaluate these documents, tracking down hidden discrepancies which will reveal the maintenance problem.
Driver Responsibilities
Truck drivers are required to inspect their trucks at the beginning and end of each day. They must report any need for repairs that they discover to the trucking company.
Before making a run, drivers must review the post-trip inspection report made by the previous driver of the truck and verify that any needed repairs were made. Truck drivers must not operate a truck which is in need of repairs.
Trucking Company Responsibilities
When a trucking company receives a report of an unsafe truck, it must have the truck repaired before requiring or allowing a driver to operate the vehicle. The trucking company must provide certification to the net driver that the truck has indeed been repaired.
Reports of defects may come from drivers, qualified inspectors, or Federal Motor Carrier Safety Administration (FMCSA) agents. When an FMCSA agent deems a truck unsafe, it is declared "out of service."
Trucking companies must require inspection reports from their drivers and they must have a more in-depth inspection performed by a qualified inspector on each truck annually. Trucking companies are also responsible for basic maintenance, such as proper lubrication.
