Who Is to Blame for a Truck Maintenance Issue?
It is an unfortunate truth that you may become involved in a truck accident due to no fault of your own. But your accident may not have been caused by the hands of a truck driver, either. This is especially pertinent if truck maintenance issues were present. Follow along to find out who is to blame for a truck maintenance issue and how a proficient Tampa truck accident lawyer at Merricks Law Group, P.A. can help you hold the correct party accountable.
Who is responsible for a truck maintenance issue?
Usually, a trucking company is to blame for a truck maintenance issue. This is because, as the owner of these trucks, they hold a duty of care in properly maintaining them. According to the Federal Motor Carrier Safety Administration, a trucking company holds the following responsibilities:- A trucking company must carry out routine inspections and maintenance on all their trucks.
- A trucking company must not send a truck out on the road if there is an identified maintenance issue.
- A trucking company must not send a truck out on the road if a driver brings a maintenance issue to their attention.
- A trucking company must carry out a pre-trip inspection to verify that the identified maintenance issue has been repaired.
- A trucking company must keep a truck out of service if the identified maintenance issue is still present at the pre-trip inspection.
- A trucking company must direct a driver to stop driving if the maintenance issue resurfaces during a multi-day trip.
How do I hold a trucking company accountable for my accident?
If a trucking company fails to uphold the aforementioned responsibilities, and a truck accident ensues, then its owners may be held accountable through a personal injury claim. You may be able to prove the existence of a truck maintenance issue by submitting a copy of the official accident report, retaining the testimonies of expert witnesses, etc. And even if a truck maintenance issue was not identified at the time of your accident, you may still place blame on a trucking company by making one of the following arguments:- A truck company hired a driver with a history of traffic violations.
- A truck company did not train a driver before sending them on the road.
- A truck company scheduled a driver for more hours than the state of Florida permits (i.e., 16 hours within a 24-hour period).
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