What Are Signs of Negligent Truck Maintenance?

Truck drivers and trucking companies sometimes neglect to perform necessary maintenance on tractor-trailers to save money or time. If a critical component fails, the truck operator’s disregard for safety can lead to a truck crash and tragic consequences.

A truck with brakes out of adjustment has reduced braking. So, it is more likely to cause a rear-end collision. A truck without working turn signals can take another driver by surprise when it slows to turn or changes lanes unexpectedly. A truck with worn tires or a malfunctioning steering system can cause a driver to lose control, leading to an accident.

Trucking accidents are particularly dangerous for other drivers because of the force of impact of large trucks in a collision. What can you do about medical bills, lost time at work, and other losses you may have suffered after a truck accident?

If you’ve been hurt in a truck accident in Virginia, an experienced truck accident lawyer can investigate and determine whether negligent truck maintenance was a contributing factor. You may be entitled to hold the at-fault parties accountable for your injuries and demand compensation for your medical bills and other expenses.

What Are Some Signs of Poor Truck Maintenance?

According to the Federal Motor Carrier Safety Administration, truck drivers must conduct a pre-trip inspection, ensuring a truck is safe before setting out on the road. Drivers must also inspect the truck when they finish driving for the day.

Federal regulations require drivers to check many items, including the following:

• Brakes and trailer brake connections
• Parking brake
• Steering mechanism
• Tires
• Wheels and rims
• Horn
• Lights and reflectors
• Windshield wipers
• Rear-view mirrors
• Coupling devices
• Emergency equipment.

The driver must complete an inspection report and note any items that could affect the truck’s operation or cause a mechanical breakdown. Trucking companies must repair the deficiency before the vehicle is dispatched again.

After a serious accident, a truck accident lawyer can examine the truck and look for signs that the driver or the trucking company neglected to perform proper maintenance.

The signs of negligent maintenance on a commercial motor vehicle can include:

• Failed brakes
• Broken headlights, taillights, or turn signals
• Worn tires
• Cracked suspensions
• Damaged steering mechanisms.

An independent investigation of a commercial truck accident by a skilled attorney can reveal crucial evidence of negligent behavior and the parties responsible. If you or a loved one has suffered injuries in a truck accident, you need an experienced attorney to gather evidence and develop a personal injury lawsuit.

What Sort of Truck Accidents Can Happen Due to Negligent Maintenance?

Accidents that can happen due to improper maintenance include:

• Rear-end collisions or jackknife accidents caused by brake failure
• Collisions due to improper lane changes when a truck’s turn signal lights are broken
• Tire blowouts, causing the driver to lose control
• Mechanical failure crashes, such as those involving a failed steering mechanism
• Trailer hitch failures, causing the trailer to separate from the cab
• Cargo accidents caused by defective tie-down straps.

Performing maintenance checks can seem like a hassle to a commercial truck driver at the end of a long workday. Taking a truck off the road to do maintenance may be an added expense to a trucking company focused on its profit margins. However, failure to do safety inspections and perform proper maintenance can lead to devastating accidents and life-changing injuries. Truck accident victims may have a right to seek compensation after truck accidents caused by neglected maintenance.

How Do You Determine Who is Responsible for Negligent Truck Maintenance?

Accidents involving commercial vehicles can be complex.

Multiple parties may be responsible for negligent truck maintenance, including the following:

• Driver
• Trucking company
• Truck owner
• Cargo shipper
• Third-party maintenance companies
• Parts and components manufacturers.

To determine who is legally responsible for a serious accident involving a commercial vehicle, an experienced truck accident attorney will gather evidence, including the driver’s inspection records, the trucking company’s maintenance records, post-accident reports, the truck driver’s logs, and the truck’s data recorder. A personal injury attorney may also consult a truck mechanic to inspect the damaged truck.

Can You Sue a Trucking Company for Negligent Maintenance?

Yes, you can sue a trucking company for negligent maintenance and pursue compensation for your injuries and expenses, such as medical treatment and lost wages. An experienced truck accident law firm will seek to hold all responsible parties financially accountable.

The process begins with sending a demand letter and entering negotiations with the insurance companies and all other potentially liable parties. These negotiations may lead to a truck accident settlement. If an insurance company refuses to agree to a fair settlement offer, your lawyer will file a personal injury lawsuit. If more than one party has responsibility for an accident, your lawyer may negotiate with multiple insurance companies to resolve the case.

The Virginia statute of limitations generally allows two years from the injury date to file a truck accident lawsuit. If you try to file a lawsuit after the filing deadline has passed, the court will likely dismiss your case. Truck accident claims involving commercial trucks often involve severe injuries. They can be more challenging to resolve than claims involving only passenger cars. To give your lawyer the time needed for investigation and negotiation, you should contact a truck accident law firm in Roanoke, Virginia, as soon as possible.

Do Federal Regulations Require Regularly Scheduled Maintenance?

Yes, the Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to systematically inspect and maintain their vehicles and inspect them at least once a year. Commercial carriers must keep all vehicles in safe condition and maintain a record of all inspections and maintenance. Your lawyer will review maintenance reports and repair records to identify evidence of neglected maintenance.

An insurance company may try to deny responsibility for the accident. A lawyer with experience in trucking accident cases in Virginia will know the types of evidence needed to identify the liable party and how to negotiate with insurers.

Contact a Virginia Truck Accident Lawyer

Lichtenstein Law Group PLC is a Roanoke, Virginia, personal injury law firm whose attorneys have nearly 100 years of combined legal experience. We handle personal injury, criminal defense, business law, Qui Tam cases, civil rights cases, and class action lawsuits. We’ve concentrated on serious injury cases since 1992.

Combining broad legal experience and personalized service, we will dedicate ourselves to pursuing fair compensation for you in your truck accident claim, including:

• Medical expenses, such as bills for emergency treatment, hospitalization, medications, and nursing care
• Lost wages, including commissions, raises, bonuses, and lost earning potential
• Pain and suffering
• Emotional distress and psychological issues such as anxiety, depression, and PTSD.

If you’ve been injured in a truck accident in Roanoke, Virginia, take action to protect your rights. Contact Lichtenstein Law Group PLC today for a free consultation.