March 17th, 2021
Just like any piece of machinery, large trucks and 18-wheelers need routine inspections and maintenance. Unfortunately, too many truck drivers, owner-operators, and trucking companies put profits ahead of people and skip these routine inspection and maintenance procedures. Failure to perform routine maintenance can lead to mechanical failure, causing severe highway accidents with devastating personal injuries and even wrongful death.
Holding truck drivers and trucking companies responsible for the harm they cause due to negligent maintenance of vehicles is no easy feat. But by working with an experienced Michigan truck accident injury lawyer, you give yourself the best chance of recovering the compensation that you and your family need, and deserve. At Muth Law, P.C., our lawyers will investigate the cause of the accident and fight to hold the truck driver and trucking company responsible for the harm they caused. But act quickly; otherwise, important evidence might go missing, or even be destroyed.
Federal Law Requires Routine Inspections and Maintenance to Prevent Mechanical Failure
The Federal Motor Carriers Safety Act (FMCSA) requires that trucking companies, truck drivers, and owner-operators perform routine inspections and maintenance of their vehicles. Federal law mandates that drivers complete a truck inspection checklist to address common areas of concern, including:
- Cooling systems
- Fuel systems
- Windshields and wiper
Each of these systems plays a vital role in ensuring a safe vehicle. To comply with federal regulations, trucking companies must inspect and repair their vehicles according to the applicable inspection and maintenance schedule. Records of these inspections and repairs must be available and be produced upon demand.
Individual truck drivers also play a role in ensuring vehicle safety. Whether they own their own truck as an “owner-operator” or drive for a trucking company, each truck driver must perform a pre-trip inspection of their vehicle every time they drive.
Yet despite these safeguards, poor vehicle safety remains a common cause of trucking accidents. In fact, 25% of trucks on the road today fail vehicle inspections for violations so severe that it is illegal for them to be on the road.
Proving Negligent Vehicle Maintenance in a Trucking Accident
Unfortunately, too many trucking companies, owner-operators, and truck drivers place profits ahead of vehicle safety and fail to perform routine truck maintenance. If your lawyer can prove that the trucking company failed to perform the required inspections and maintenance and that this failure caused the accident, you can hold the trucking company and the truck driver liable for the harm they caused.
Proving negligent maintenance is not easy. The trucking company and their insurance company will fight hard to avoid fairly compensating accident victims. But through a thorough and detailed analysis of truck inspection and maintenance records, your lawyer can prove that the trucking company negligently maintained its vehicles and that this negligence was the cause of your injuries.
Your lawyer will start by notifying the trucking company that you are considering taking legal action and formally request that the trucking company preserve any relevant evidence. Your lawyer will review this evidence and may work with a forensic expert or an accident reconstructionist to identify the maintenance failures and how they caused the accident.
But it is important that you act quickly. Otherwise, the trucking company might destroy maintenance records in accordance with their records retention policy, making it even more difficult for you to prove your claim. If the trucking company destroys the evidence that your lawyer asked them to preserve, they could face a separate claim for destruction of evidence.
Mechanical Failure Accidents Cause Serious Injuries
If a trucking company, truck driver, or owner-operator fails to properly maintain their vehicles, safety systems can fail, resulting in a catastrophic accident. Common injuries from a trucking accident include:
- Broken bones
- Neck and back injuries
- Burn injuries
- Traumatic brain injury
- Head trauma
- Spinal cord damage
- Wrongful death
If you were injured in a Michigan truck accident, contact an experienced Michigan truck accident injury lawyer today. The experienced trucking accident injury lawyers at Muth Law will fight to ensure that you and your family receive the compensation you need.
Truck Accident Injury Lawyers Serving Ann Arbor, Michigan
If you were injured or someone you love was killed in a Michigan trucking accident, the truck accident injury lawyers at Muth Law are here to help. By working with our experienced trucking accident injury lawyers, you level the playing field and give your family the best chance of recovering the compensation that you deserve.
Learn more about us and our attorneys, our promise to our clients, and read testimonials from other people we’ve helped. Then contact us today to schedule a free, confidential consultation to discuss your case.
Categories: Trucking Accidents