Commercial Truck Maintenance Negligence
Semi-tractor trucks and 18-wheelers are big, complicated, and dangerous machines. Properly maintaining a large commercial truck is crucial in keeping the roads safe. Trucking companies, like most companies are profit motivated. They want to have their big rigs on the road making deliveries as fast as possible. Sometime, this means trying to put a vehicle on the road that is running but not necessarily safe.
Lawyer for Commercial Truck Accidents in Florida
If you have been injured in a truck accident you may find that all parties involved are trying to shift the blame to someone else. If the accident was due to a maintenance issue, attributing blame and holding the right party responsible can be incredibly difficult. That is why it is extremely important that you hire someone who is knowledgeable and experienced who can properly investigate your claim.
Abrams Justice Trial Attorneys is a firm of seasoned attorneys who know what it takes to protect their clients rights. We proudly serve clients in the greater Miami-Dade area including Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables and Cutler Bay. We are willing to put in the time and effort required to make things right for our clients. Call us at (305) 709-0880 so we can discuss your next steps.
Miami Commercial Truck Maintenance Negligence Information Center
- Commercial Truck Inspection Requirements
- Commercial Truck Repair Requirements
- Miami Commercial Truck Maintenance Negligence Resources
Commercial Truck Inspection Requirements
Both truck drivers and the companies they work for bear the responsibility of ensuring the safety of their trucks. Accountability starts with the trucking companies. Trucking companies must systematically inspect, repair, and maintain every truck in their fleet according to 49 CFR 396.3. Motor carriers are not to put any truck into service unless the parts and accessories which may affect the operation of the vehicle are in safe and proper condition. The trucking companies must also keep records of inspections and maintenance on file until a year and a half after the vehicle has left the company’s control.
The people inspecting the trucks themselves must meet the standards set by the Federal Motor Carrier Safety Administration (FMCSA). Inspectors must have completed a federal or state training program designed specifically to train students in commercial motor vehicle operation and maintenance.
As an additional level of inspection and maintenance, all drivers must perform an inspection of their vehicle before taking it out on the road and after they have completed their trip. An 18-wheeler is not to be driven unless the driver is satisfied that the following parts are in good working order:
- Service brakes, including trailer brake connections.
- Parking (hand) brake.
- Steering mechanism.
- Lighting devices and reflectors.
- Windshield wiper or wipers.
- Rear-vision mirror or mirrors.
- Coupling devices.
- Wheels and rims.
- Emergency equipment.
Commercial Truck Repair Requirements
Any defects found in any of components above must be repaired before the driver can continue. Drivers are also required to keep a log of their personal inspections. Unfortunately, many driver inspections logs show that drivers often spend as little as 5 minutes inspecting an entire 18-wheeler before putting it back in traffic. Such a cursory inspection can have deadly consequences.
Consider that defective tires are the most common vehicle related factor in fatal large truck crashes. Consider further that the FMCSA’s regulations mandate that no vehicle shall be operated on any tire that has body ply or belt material exposed through the tread or sidewall, has any tread or sidewall separation, is flat or has an audible leak, or has a cut to the extent that the ply or belt material is exposed. The FMCSA also requires that no truck be operated on a tire that has a tread groove pattern depth of at least 4/32 of an inch for the front wheels and at least 2/32 of an inch for all other tires. Clearly, such specific requirements are an indication that the FMCSA expects an extremely thorough driver inspection because they recognize the dangers of driving an 18-wheeler on even one faulty tire.
Miami Commercial Truck Maintenance Negligence Resources
Federal Motor Carrier Safety Administration Regulations – This link will lead you to the regulations that govern the requirements for individual parts of a commercial vehicle. The regulations are extensive and show how seriously the FMCSA takes proper maintenance.
Large Truck Crash Causation – The FMCSA conducts extensive studies and research on commercial truck accidents. The link here will show you to an analysis of the major reasons for truck accidents including maintenance issues. The sidebar on the page will also take you to more data and research available to the public.
Commercial Truck Maintenance Negligence Accident Attorney in Miami-Dade, FL
Accidents happen when drivers and companies don’t take inspections and maintenance seriously. Bringing a lawsuit for an accident caused by negligent maintenance can sometimes be rather difficult. You need to hire an experienced attorney that knows which parties to go after and what evidence is going to be required to build a winning case. You need an attorney who knows the ins and outs of the law and can dominate a court room.
Call (305) 709-0880 if you have been injured in a truck accident. We represent injured people in communities throughout the Miami area including North Miami, Miami Beach, Miami Gardens, Doral, Homestead, Cutler Bay, Hialeah, Coral Gables and Pinecrest. The attorneys here at Abrams Justice Trial Attorneys have extensive court room experience and are not afraid to do what is necessary to try to make you whole again.