Large commercial trucks were responsible for 3,964 deaths and 95,000 injuries in truck accidents in 2013 according to National Highway Traffic Safety Administration statistics. While driver error is the culprit in upwards of 90% of trucking accidents (that is either the driver of the commercial truck or the other vehicle involved), there are other factors that can contribute to truck accidents, and one of those is poor maintenance.
Commercial trucks that weigh more than 10,000 pounds can become killing machines on the road if they are not properly maintained. Whether the truck is owned by the driver or a commercial trucking company, the owner of the truck owes a duty of care to the other drivers that they share the road with.
Consequences of poor truck maintenance
The Federal Motor Carrier Safety Administration (FMCSA), which is the federal agency that governs commercial trucks, has rules with regard to the inspection, repair and maintenance of commercial vehicles. Trucking companies are required to keep maintenance logs and records of inspections to make sure that their trucks are working properly and being operated in safe condition. Drivers are required to complete a daily report in writing on the condition of certain parts and accessories including:
- Service brakes including trailer brake connections
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
The drivers must report on the condition of their vehicles and list any defect or deficiency discovered, and then they must sign off on the report. If there are any deficiencies listed on the driver’s vehicle inspection report it must be repaired before the vehicle is operated again. Driving a commercial truck in an unsafe condition is prohibited by FMCSA rules.
When truck owners or trucking companies do not comply with the law and allow poor maintenance of their vechicles it can lead to brake failure, steering problems, tire failure and problems with the trailer. Daily inspections and correcting deficiencies will ensure that these problems don’t cause or contribute to a truck accident.
If have been injured in a trucking accident in or around Knoxville, please contact Banks and Jones to make an appointment with a skilled truck crash attorney.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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