When Poor Truck Maintenance Causes Accidents
Just like passenger vehicles, semi-trucks require frequent and recurring maintenance to remain in good working order. This means that large trucks must be routinely inspected, repaired, updated, and maintained to keep truck drivers, passenger vehicle drivers, and other road users safe and harm-free.
If a trucking company, truck owner, or a truck operator fails to maintain a truck, a traumatic and devastating truck accident may occur.
What does poor truck maintenance look like?
It is a legal requirement for all large and powerful 18-wheelers to be maintained regularly. Therefore, trucking companies, truck owners, and truck drivers should take initiative to frequently check and replace certain elements of their trucks, such as fluids, tires, brakes, lights, and windshield wipers. If they fail to take the time to do this, their trucks will lack the proper maintenance and repairs, which may result in a truck accident. Here are a few examples of what poor truck maintenance looks like:
- Burnt out or broken lights: One of the most obvious signs of poor truck maintenance is when a big rig has burnt out or broken lights. This is more noticeable at night, but if you see a truck with broken or burnt-out headlights, brake lights, or turn signals, this is a telltale sign that it has been poorly maintained.
- Bald, damaged, or worn tires: Bald, damaged, or worn tires are very dangerous, especially on semi-trucks. The reason for this is because semi-trucks are used to drive many miles each day, and, the longer they drive on bald, damaged, or worn tires, the more likely they are to experience a tire blowout, which could cause the truck driver to lose control, rollover, veer into other lanes, or run into oncoming traffic.
- Worn or broken windshield wipers: If worn or broken windshield wipers are not replaced, it can be difficult for the truck operator to see when it is raining, snowing, or sleeting. Since truckers must continue working in bad weather conditions, worn or broken windshield wipers can cause visibility issues, which may result in a dangerous accident.
- Brake issues or failures: When an 18-wheeler has brake issues or failures, the truck driver may have trouble slowing down or stopping. This can cause big problems as 18-wheelers are already difficult to slow down and stop. Therefore, with brake issues or failures, they are even more likely to slam into other vehicles that stop or slow down in front of them.
- Broken mirrors: Mirrors are a huge part of a truck driver’s daily operations. Therefore, if you notice that the mirrors on a big rig are broken, this means that they are driving without the ability to see you and other vehicles around them, which is extremely risky.
- Loose, broken, or unsecured trailer hitches: Semi-trucks usually consist of a tractor cab and a trailer. The tractor cab pulls the trailer, which is typically loaded with large and heavy items for customers. However, if a trailer hitch appears to be loose, broken, or unsecured, the trailer carrying the items may become disconnected from the tractor cab. If this happens, the trailer may run into other vehicles or pedestrians before finally stopping or flipping over.
If you hear strange noises coming from a commercial truck, it is another sign that the truck has likely been poorly maintained.
What federal regulations are in place to prevent poor truck maintenance?
The Federal Motor Carrier Safety Administration (FMCSA) has implemented certain regulations to prevent poor truck maintenance. The regulations require motor carriers to systematically inspect, repair, and maintain all commercial trucks and equipment used. Specific rules include:
- Ensuring that the truck’s systems receive the lubrication they need and do not leak any fluids
- Ensuring that the truck’s accessories and parts are in good working order, which includes the tires, frame, suspension systems, rims, axles, trailer hitches, and more
- Documenting and keeping maintenance records for at least 30 consecutive days. These records should provide details (make, serial number, year, owner, etc.) about the truck that underwent maintenance, explain what type of maintenance has been done to the truck and when, and give a date of when it is due for another inspection and maintenance. If a truck is sold or no longer being used by a trucking company, they must keep these records for at least six
All truck drivers are legally required by the federal government to conduct inspections of their trucks after each shift, noting any issues and informing their employer or trucking company. Necessary repairs and maintenance must be completed before the truck is used again. Post-trip inspection reports must be kept for at least three months.
Who can be held liable for an accident caused by poor truck maintenance in Mississippi?
Depending on the specifics of your truck accident, various parties could be held liable for poor truck maintenance. It is important to speak with a Mississippi truck accident lawyer as quickly as possible to begin going over your unique case and determining liability. These are some of the potential parties who could be held liable for the poor truck maintenance that resulted in your accident:
- The truck driver: If a truck driver does not follow the federal regulations and conduct a post-trip inspection, which would have identified the maintenance issues, they could be held liable for your accident.
- The employer or trucking company: Since it is the employer or trucking company’s responsibility to conduct inspections, make necessary repairs, and maintain their trucks on a regular basis, there is a strong possibility that they could be held liable for your accident caused by poor truck maintenance.
- A truck mechanic: When a truck mechanic makes a mistake or error while maintaining or repairing a truck, they may be found liable for any accidents that occur.
- A truck owner: If a truck driver or a trucking company is leasing or renting a truck from a truck owner, the truck owner is responsible for maintaining the truck. If they fail to do so and an accident happens, they can be found liable.
What type of evidence should I collect to show that poor truck maintenance caused my crash?
It can be very challenging to prove that poor truck maintenance caused your crash. Therefore, when filing a claim for this type of case, it is recommended to hire a truck accident attorney and collect strong and convincing evidence to support your side of the story. A few examples of the types of evidence you should collect are:
- Truck inspection reports
- Photographs
- Videos
- Surveillance footage
- Dash cam footage
- Black box data
- Company maintenance records
- Eyewitness statements
- Expert witness testimonies
- Police reports
- Mechanic records
Have you recently been involved in a truck accident that occurred due to poor truck maintenance? If so, you may be eligible to file a claim and seek compensation for your injuries, medical expenses, lost income, property damage, and other losses. The Mississippi truck accident lawyers at Merkel & Cocke, P.A. have spent more than 40 years advocating for truck accident victims’ rights, and we are ready and available to stand up and fight for the award you need and deserve as well. You do not have to deal with the aftermath of a truck accident alone. Call our office or submit our contact form to schedule a free case evaluation and begin learning about how we can assist you today. We have several offices located throughout Mississippi, including Jackson, Clarksdale, Greenville, and Oxford.
After graduating from the University of Virginia Law School in 1975, Mr. Cocke and Mr. Merkel established Merkel & Cocke, P.A. in 1982. Since that time the emphasis of Mr. Cocke’s practice has progressed toward medical malpractice. At the present time his practice is exclusively devoted to handling medical negligence cases for the plaintiff, either as a result of direct contact by the client or on referral from other attorneys who are not familiar with the handling of medical negligence cases. Mr. Cocke was selected Best Lawyer of the year for 2012 and 2014 in The Memphis area in the field of Medical Malpractice and has been selected a Best Lawyer and Super Lawyer every year since 2006. Learn more about John Hartwell Cocke here.