In a standard truck accident case, the accident victims or the victim’s family will need to prove that the truck driver and/or the trucking company was negligent, and this negligence caused the accident. In some truck accident cases, the truck driver safely operated his or her truck and was not at fault for the accident. In such cases, the truck accident attorneys representing the victim or victims in the accident will investigate the accident to determine causation. In some cases, improper maintenance of a commercial truck is the cause of the accident.
Commercial trucking companies and their truck drivers are required to obey strict state and federal trucking regulations and laws. These trucking laws mandate periodic inspections of all of the safety systems as well as regular annual inspections.
As part of determining an accident’s causation, a careful review of the truck’s maintenance records is an important part of the accident investigation. In some states, State Police often impound all vehicles involved in a serious accident to perform safety checks. However, obtaining just compensation for a truck accident victim requires an independent review of the accident scene, circumstances surrounding the accident, and the vehicles involved in the accident. Combing through the details in the truck’s maintenance records could lead to valuable evidence that helps the victim prove the truck driver or the trucking company acted negligently.
Trucking companies and their drivers are supposed to ensure that each truck’s safety systems are operational, including the air brakes, emergency brakes, and lighting systems. Truck drivers must also inspect the steering, suspension, and tires before leaving the dock. Truck drivers must document their safety inspection after each trip. A trucking company or truck driver is supposed to remove a vehicle from service if the safety inspection reveals safety issues or certain mechanical problems. The truck is also supposed to remain out of service until the mechanical issues are repaired and function properly.
A successful trucking company ensures that its trucks arrive timely at every destination, and they keep their fleet of trucks on the road. Removing a truck from service causes delays. When trucks are not serviceable, this causes the transportation company’s profits, as well as the truck driver’s pay. Consequently, drivers and trucking companies often take chances to arrive as scheduled. For example, a trucker might drive on tires with worn or thinning treads or ignore other mechanical problems to keep the truck on the road and earning money. Unfortunately, accidents caused by mechanical neglect are preventable, but every year these preventable accidents cause 1,000s of severe injuries and deaths each year.
If you or a loved one have been injured or if you tragically lost a loved due to a negligent driver, contact Parker Waichman immediately calling 1-800-YOUR-LAWYER (1-800-968-7529) for your free case review.
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