Skip to content
Do you qualify for the Firefighting Foam Lawsuit? Contact Us For More Information
   

Can a Trucking Company Be Liable for Poor Maintenance?

Can a Trucking Company Be Liable for Poor Maintenance?

Under federal law, trucking companies are responsible for ensuring that the vehicles their drivers operate undergo routine maintenance and are safe for use on roadways. The duty includes getting trucks inspected every 12 months and requiring drivers to inspect their vehicles at the end of each day.

When trucks are not properly maintained, the risk of mechanical failures that may result in catastrophic accidents increases. In such cases, the trucking company may be liable for inadequate maintenance. Victims injured in those accidents may be able to hold several parties liable through truck accident lawsuits, including the truck driver, the trucking company, and the maintenance provider.

Contents

What Maintenance Areas Could Cause Truck Accidents If They Fail?

Various mechanical failures in commercial trucks can cause serious accidents with devastating consequences for victims and their families. Some of the areas where neglected or improper truck maintenance is most likely to result in a crash are:

  • Brake systems – When brakes fail, truck drivers are unable to stop their vehicles, which may result in rear-end and T-bone collisions.
  • Tires and wheels – Tire blowouts and other wheel failures may cause truck drivers to lose control of their vehicles, resulting in collisions with other motorists.
  • Steering and suspension – If a truck’s steering or suspension breaks, there may be little the driver can do to avoid a collision with another vehicle if they don’t have enough room to come to a stop.
  • Lights and signals – Trucks with defective lights and turn signals may be tough to see at night, and other motorists may be unaware of the driver’s intent to make a wide turn.
  • Trailer coupling devices – If a trailer coupling device fails, it can lead to a jackknife incident, where the trailer swings out alongside the truck’s cab under heavy braking, striking vehicles in adjacent lanes.
  • Fluid leaks and engine problems – These malfunctions may lead to sudden power loss, which can affect the truck’s steering.

What Are Examples of Truck Accidents Caused by Negligent Maintenance?

One typical example of a truck accident caused by improper maintenance is a brake failure that results in a rear-end collision. Commercial trucks require heavy-duty brakes due to their significant weight. So, when one of a truck’s brakes fails, it can put extra strain on the other brakes, causing them to fail, as well.

If this failure occurs while a truck is approaching stopped or slow-moving vehicles at an intersection, it may result in a rear-end collision involving multiple vehicles.

Another example is when a truck’s turn signal fails, resulting in a right-hook accident. Tractor-trailers often required to make wide right turns at narrow intersections. To do this, they must pull out to the left, which may lead other drivers to believe they can pass the truck on the right if the truck’s turn signal isn’t working. However, when the truck cuts back to the right to turn, it will then collide with the vehicle that thought it was safe to pass.

Could the Truck Driver Be Held Responsible for an Accident Due to Poor Maintenance?

Truck drivers can be liable for accidents caused by poor maintenance if the poor maintenance resulted from their negligence. Under federal law, commercial vehicle drivers must conduct routine inspections of the vehicles they operate and prepare a written inspection report at the end of each workday. If a driver overlooks a significant issue with their truck, or if they don’t report a problem and have the truck undergo maintenance, they could be at least partially responsible for the injuries that result from a crash caused by that issue.

When Can a Trucking Company Be Liable for Poor Maintenance?

Trucking companies can be liable for accidents caused by poor maintenance under the Federal Motor Carrier Safety Administration’s (FMCSA) regulations. The FMCSA requires them to regularly inspect their commercial vehicles every 12 months, with the inspections performed by qualified inspectors. They also require commercial truck drivers and trucking companies to maintain detailed records.

If a trucking company permits a vehicle to operate without having passed its annual inspection and/or with maintenance issues that should have been detected and addressed during a reasonable inspection, this may give rise to liability in a personal injury lawsuit.

How Do You Prove a Trucking Company’s Poor Maintenance Caused the Crash?

Proving a trucking company’s liability for a truck accident caused by poor maintenance involves gathering several types of evidence in a thorough investigation and using it to build a strong case. Some of the evidence your legal team may collect includes:

  • Results of pre-trip inspections (if they performed them) and past inspection reports
  • Driver logs and inspection logs
  • Accident scene photographs showing the vehicle locations and damage
  • Traffic, security, and dashboard camera footage
  • Data from electronic logging devices
  • Truck black box data showing the vehicle’s speed, steering inputs, and brake application
  • Eyewitness statements that back up your claim
  • Expert witness testimony, such as from crash reconstruction specialists.

What Is Virginia’s Joint Wrongdoers Law?

Virginia’s joint wrongdoers law allows victims to recover compensation from all parties that contributed to the severe injuries they have suffered. This law is essential to helping truck accident victims maximize their compensation, as multiple parties are often responsible in such cases.

With the help of an experienced lawyer, you may seek compensation from numerous parties, including the truck driver, the trucking company, and the maintenance provider, due to their roles in causing the accident that harmed you.

What Compensation Could I Receive in a Virginia Trucking Accident Lawsuit?

The full and fair compensation you could receive in a Virginia trucking accident lawsuit covers your losses resulting from your injuries. These compensable losses include:

  • Your past and future medical expenses related to the accident
  • Your lost wages and loss of earning potential caused by your injuries
  • Your physical pain and emotional distress
  • Your permanent disability and how it impacts your daily life
  • The cost of repairing or replacing your damaged or lost property, including your vehicle.

Contact a Virginia Truck Accident Lawyer

If you suffered injuries in a Virginia truck accident and are wondering if the trucking company can be liable for poor maintenance, contact Lichtenstein Law Group PLC to speak with one of our Roanoke truck accident lawyers. Our firm has concentrated on serious injury and criminal cases since 1992, and our lawyers have nearly 100 years of combined legal experience.

During your free consultation, we’ll explain how our broad legal experience and personalized service can help you pursue maximum financial compensation and protect your rights.

Visit Our Virginia Truck Accident Law Offices

John E. Lichtenstein is a founding member of Lichtenstein Law Group PLC.

John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.