Truck Maintenance Failures: When Neglected Repairs Lead to Liability
Commercial trucks are significantly more dangerous than normal passenger vehicles because of their size and weight. However, injuries and damages may increase when inspections or repairs are ignored. Oftentimes, religiously inspecting a commercial truck is crucial to maintaining its overall safety and security for the driver and other individuals on the road. Understanding neglect in relation to commercial trucks is important the next time you see one driving on the road.
Importance of Maintenance
Commercial trucks often experience significant wear because of long-distance driving, heavy cargo, frequent braking, and continuous operation. Components that function properly at the beginning of a trip may deteriorate over time if they are not inspected and maintained properly.
Federal motor carrier safety regulations establish inspection, repair, and maintenance requirements for many commercial motor vehicles. Carriers usually have responsibilities related to keeping covered vehicles in safe operating condition and maintaining certain inspection and repair records. Regular maintenance may involve examining the following components of a commercial truck.
- Brakes and braking systems
- Tires and wheels
- Steering components
- Headlights and signal lights
- Windshield wipers
- Suspension systems
- Coupling equipment
- Mirrors
- Fuel and exhaust systems
- Trailer connections
When problems are discovered, appropriate repairs may need to be completed before the vehicle continues operating. Allowing a truck with known safety concerns to remain on the road may become relevant if that condition later contributes to an accident.
Commercial Trucks: Negligence
Truck accidents often involve many different types of mechanical problems. Some develop unexpectedly, while others may result from gradual deterioration that could have been discovered during routine inspections. The following issues may occur when operating a commercial truck.
- Brake failures
- Tire failures
- Lighting problems
- Steering issues
- Suspension defects
Other maintenance concerns can involve trailer coupling devices, windshield wipers, mirrors, and safety equipment. Whether a specific defect creates liability depends on the circumstances surrounding the accident and the evidence showing how the mechanical condition contributed to the collision.
Trucking Companies and Liability
A trucking company may have obligations to inspect and maintain its vehicles on a regular basis. This is to help reduce the risk of unnecessary harm and damage that may occur. If a company knew, or reasonably should have known, that a truck required repairs but continued allowing the vehicle to operate, its maintenance practices may be examined following an accident.
For example, a driver may repeatedly report that a truck's brakes are not functioning properly. If those reports are documented but the company delays repairs, and the truck later becomes involved in a collision related to braking, the maintenance history could become relevant to determining negligence.
It is important to note that liability is not automatically established because a mechanical problem exists. An investigation usually considers whether the responsible party failed to act with reasonable care and whether that failure was a significant factor in causing the accident.
Who May be Involved in the Investigation
Trucking companies usually depend on outside businesses to inspect or repair their vehicles. If a maintenance provider performs work improperly, that company may potentially share responsibility for an accident.
For instance, a repair facility may replace brakes incorrectly, fail to identify a dangerous tire condition, or improperly install a mechanical component. If the repair work creates or fails to correct a dangerous condition that contributes to a collision, the maintenance provider's actions may need to be investigated.
Depending on the circumstances, multiple parties may be involved in a truck accident claim, including the truck driver, motor carrier, vehicle owner, maintenance contractor, cargo company, or manufacturer of a defective component.
Necessary Evidence and Documentation
Truck maintenance cases often depend heavily on documentation. Records may help establish when the truck was inspected, which problems were identified, and whether repairs were completed. Relevant evidence may include but is not limited to the following.
- Vehicle inspection reports
- Maintenance schedules
- Repair invoices
- Driver inspection reports
- Internal company communications
- Service records
- Electronic vehicle data
- Photographs of damaged components
- Prior reports of mechanical problems
Preserving this information can be important because records may help explain the condition of the truck before the accident. An investigation may also involve examining the damaged truck and its components. Depending on the circumstances, engineers, accident reconstruction professionals, or other qualified individuals may evaluate whether a mechanical condition contributed to the crash.
Types of Injuries
Since commercial trucks can weigh many times more than passenger vehicles, collisions may result in severe or sometimes life-threatening injuries. Depending on the type and severity of the crash, individuals may experience traumatic brain injuries, fractures, spinal injuries, internal injuries, burns, or other physical harm. Medical treatment may involve emergency care, hospitalization, surgery, rehabilitation, physical therapy, or follow-up appointments. Some individuals may also experience lost income or other financial consequences while recovering.
The damages potentially available in a specific case depend on the facts, applicable law, available insurance coverage, and necessary evidence.
Speaking to a Personal Injury Attorney
After a truck accident occurs, determining liability may be challenging and complicated. A personal injury attorney can help victims understand their case in its entirety and how to preserve important pieces of evidence that may determine who is liable for the damage caused. Truck maintenance failures due to negligence may pose significant dangers and threats to drivers, passengers, and other individuals on the road. As a result, it may be important to speak to a legal professional to understand the severity of your case and the necessary steps to take to work towards recovery.
KAASS LAW
At KAASS LAW, our experienced personal injury attorneys are ready to help victims understand their rights and responsibilities after a truck accident occurs. These vehicles may be significantly larger than normal passenger vehicles, causing additional harm when incidents occur. Our legal team is ready to assist victims in understanding their rights throughout their personal injury claims in hopes of helping them recover. If you have suffered consequences of a truck accident, call KAASS LAW to learn more.
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A rear-end collision between a semi-truck and a passenger vehicle is something that happens often. The first thing that comes to mind when you hear the words "rear-ended by a semi-truck" is most likely the severity of damage such an accident can cause. This is primarily due to the overwhelming size and weight of the semi-truck can pose a serious risk of catastrophic injury or wrongful death in an accident.
What are Common Causes for Semi-Truck Accidents?
There are many causes for rear-end accidents involving semi-trucks. Some common causes as to why a semi-truck driver may rear-end another vehicle include:
- Size and weight of the semi-truck
- Unmaintained brakes
- Transporting an overweight load
- Inattentive driver
- Poor visibility
- Traffic conditions
- Poor weather conditions
- Driving under the influence (DUI)
What is a Commercial Truck Driver's Logbook?
Commercial truck drivers are required to maintain a 'logbook" that records the "hours of service". In other words, this log contains the number of hours the drive has been driving. Semi-truck drivers hauling cargo have an 11-hour driving maximum after 10 consecutive hours off duty. Further, semi-truck drivers can work a maximum of 70 hours per week. A driver can then resume driving if they rest for 34 consecutive hours, including 2 nights. Furthermore, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with "hours of service" regulations found in 49 CFR 395.
Semi-Trucks with Worn Out Breaks
Driving a semi-truck with unmaintained or worn-out brakes is negligent. Commercial vehicles such as tractor-trailers and semi-truck are moving fast and burdened with a heavy load and therefore generally will need a lot more time to come to a full stop than any SUV. As a result, failing to routinely maintain commercial vehicle breaks will need even more time to come to a complete halt.
Things to Do After You Were Rear-Ended By A Semi-Truck
Step 1: Firstly, if you are involved in an accident, the first and most important thing to do is call an emergency response to request medical and police assistance. Step 2: Take pictures of the damage to the vehicles, the position of the vehicles, and the entire accident scene. If there is a debate as to how the semi-truck accident occurred, the damage and positions of the vehicles will help the police and accident reconstruction experts to determine what occurred. Moreover, taking a picture of the driver's logbook logs for that day is a plus. Step 3: Attempt to locate people who may have witnessed the collision. Get their name, address, and telephone number. Additionally, exchange information with the other driver, such as insurance information and driver's license information, vehicle registration, driver's contact, and employer information. Step 4: Seek the proper and immediate medical treatment as soon as possible. Going to the emergency room to be examined will ensure there are no internal or hidden injuries, as well as document your injuries. Step 5: Lastly, contact an auto accident lawyer immediately if you have been involved in a semi-truck accident.
Suing for Injuries Sustained in a Commercial Truck Accident
A victim involved in an accident with a commercial truck can file a lawsuit against the at-fault driver and the commercial truck company. It is important to keep in mind that the tractor and trailer can have different owners. As such, it is important to ask the driver of the truck who owns the tractor and trailer.
What Type of Compensation Can an Injured Truck Accident Victim Recover?
As experienced litigators, we have successfully litigated various personal injury cases including complex personal injury matters. Above all, our attorneys possess the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury case. Don’t accept low-ball offers from insurance companies. An injured truck accident victim may seek compensation for damages which includes:
- Past and future medical bills
- Emotional distress
- Pain and suffering
- Loss of income
- Lost earning capacity
- Loss of employment opportunities
- Loss of consortium
Los Angeles Commercial Truck Accident Attorney
If you or a loved one has been seriously injured or killed due to a negligent semi-truck driver it is crucial to seek advice from an experienced commercial truck accident attorney as soon as possible in order to preserve your claim and legal remedies. We invite you to contact our commercial truck accident attorney today at (310) 943-1171 for a free consultation.
Kaass Law will connect you with leading medical professionals in your area to diagnose and treat your injuries. If you are unable to pay for the medical treatment we can facilitate treatment on a medical lien basis. This means you pay nothing up front. As the conclusion of your case, your medical bills are paid from the settlement.
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Injuries to the neck, resulting from snapping or jerkin are known as "whiplash". Whiplash describes a range of neck injury 'soft tissue' damages, which is a common result of rear-end accidents. In a rear-end accident, the impact forces the driver's and passengers' bodies to be thrown forward. At the same time, their heads stay in place, causing the neck to suddenly extended, which follows a whip-like motion.
What Type of Accidents Can Cause Whiplash?
While whiplash and any other types of neck injuries generally occur in rear-end auto accidents, neck injuries and whiplash injuries can also result from different types of accidents and personal injury matters as well. Some types of accidents that may cause whiplash or neck injuries are:
- Car and truck accidents that don't necessarily involve a rear-end impact
- Slip and fall accidents
- Sport-related accidents
- Premises liability
- Motorcycle accidents
- Train accidents
- Bus accidents
- Jet ski accidents
- Pedestrian accidents
- Bicycle accidents
- Rear-end semi-truck accidents
Can You Sustain a Neck Injury From a Low Impact Accident?
Many mistakenly believe that whiplash can only occur in high-speed accidents. Low-speed, low-impact, rear-end auto accidents commonly cause whiplash.
Another misconception is that whiplash is a minor injury. However, many medical experts suggest that soft tissue injuries can be severe and have long-term affects if left untreated. It is recommended following an accident, one seeks medical attention or a chiropractor in Los Angeles as soon as possible. If left untreated, it is possible that neck injuries can have serious consequences and cause widespread health problems.
What Are Common Factors that May Cause Neck Injury:
- Position of the driver or passenger(s)’ head at the time of impact;
- Individuals seating position, height
- Position of seat
- Comparative size and mass of the vehicles involved in the accident.
What Are the Common Signs or Symptoms of Whiplash:
- Stiffness in the neck
- Neck pain
- Trouble turning your head (limited range of motion)
- Headache
- Dizziness
- Blurred vision
- Shoulder pain
- Back pain
- Spinal injury
- Cognitive or psychological difficulties.
- Any strange sensations, such as tingling or prickling
- Trouble sleeping and feeling fatigue
Auto Accident Attorney
If you were involved in an auto accident, motorcycle accident, pedestrian accident, bicycle accident, or any other personal injury matter, call or contact our personal injury attorneys for a free consultation. Our Glendale personal injury attorney at KAASS Law will review your case and answers any questions you may have.
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