Commercial motor vehicles must be maintained properly so they do not pose an unreasonable risk to others on the road. Federal Motor Carrier Safety Regulations (FMCSRs) in 49 C.F.R. Part 396 establish many maintenance obligations that must be met.
Unfortunately, not all trucking companies or owner-operators live up to their obligations. Whether they cut corners due to cost, time pressures, or simply not caring about the rules or the risks of negligent maintenance, many individuals and companies put trucks onto the roads every day that present a risk due to maintenance failures.
When this happens, those who did not fulfill their obligations can be held liable for losses. This could include trucking companies, truck owners, and maintenance professionals themselves, depending on the circumstances.
Monge & Associates can help you if you or someone you love has been hurt in a collision as a result of negligent maintenance. We have been fighting for truck accident victims since 1993, recovering over $1 billion in the process. We understand FMCSA regulations inside and out, and will build the strongest possible case on your behalf.
To find out more about how we can represent you, give us a call or contact us online today to schedule your free consultation with an Arlington truck accident lawyer.
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Proving Negligence Maintenance in Virginia Commercial Truck Crashes
Injured by a poorly maintained truck in Virginia? Virginia’s contributory negligence rule requires swift action. Contact Monge & Associates for a free review.
Commercial Truck Maintenance Obligations
Trucking companies, owner-operators, and truck drivers all play a role in ensuring that trucks are roadworthy and don’t present an undue accident risk due to negligent maintenance. Obligations include:
- Systematic upkeep: It’s essential to ensure all parts of the vehicle are in proper operating condition, including frames, suspension systems, steering, brakes, tires, and wheels.
- Regular inspections: Trucks must be inspected regularly (typically at least once every 365 days), and drivers of certain commercial trucks are expected to complete Daily Vehicle Inspection Reports. If any issues are identified that would be likely to affect safe operation, repairs must be made before the vehicle can be returned to service.
- Adequate maintenance: The mechanics and maintenance companies who are responsible for ensuring that the truck is in proper operating condition must perform repairs appropriately, using the right parts and exercising a reasonable degree of skill.
Daily Vehicle Inspection Reports, annual inspection reports, and maintenance records all must be kept for a required period of time. Monge & Associates will work to obtain these records after an incident occurs in order to demonstrate negligent maintenance.
How Does Poor Maintenance Cause a Truck Crash?
Failure to fulfill maintenance obligations can significantly increase the likelihood of a collision due to an increased risk of:
- Tire blowouts
- Brake failure
- Steering and suspension issues
- Coupling and hitch failures
- Electrical failures
- Lighting issues
Our team will work to demonstrate that these or other maintenance issues caused your accident so you can build a strong case to hold the trucking company, driver, or maintenance company liable for your losses.
Contact an Arlington Negligent Maintenance Truck Accident Lawyer Today
Monge & Associates will obtain maintenance records, expert testimony, witness testimony, police reports, company policy manuals, and other evidence of how maintenance failures caused a truck crash. We are committed to fighting for you and building the strongest trial-ready case from day one.
We don’t charge legal fees unless we win, and your consultation is always free, so call today to schedule a case evaluation with an Arlington truck accident lawyer who can help you pursue justice.