Trucks can be deadly machines if not properly maintained. Given the sheer size of commercial vehicles, a collision can result in catastrophic injury to occupants of smaller passenger vehicles. Trucking companies have a legal obligation to meet the requirements as outlined by the Federal Motor Carrier Safety Administration (FMCSA). A failure to properly maintain these vehicles poses a danger to all drivers on the road.
What is Negligent Truck Maintenance?
Negligent truck maintenance refers to the failure to follow the standard routine checks and upgrades expected from commercial truck owners. A failure to properly maintain these vehicles places other drivers on the road in danger. The inspection and maintenance guidelines that truck owners are expected to follow and maintain are under 49 C.F.R. § 396:
§396.3 Inspection, repair, and maintenance. (a) General. Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. (1) Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems. (2) Pushout windows, emergency doors, and emergency door marking lights in buses shall be inspected at least every 90 days. (b) Required records. Motor carriers, except for a private motor carrier of passengers (nonbusiness), must maintain, or cause to be maintained, records for each motor vehicle they control for 30 consecutive days. Intermodal equipment providers must maintain or cause to be maintained, records for each unit of intermodal equipment they tender or intend to tender to a motor carrier. These records must include: (1) An identification of the vehicle including company number, if so marked, make, serial number, year, and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle; (2) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed; (3) A record of inspection, repairs, and maintenance indicating their date and nature; and (4) A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.
Truck companies must systematically inspect, repair, and maintain all vehicles. These requirements include:
- Regular Maintenance Schedules: There are schedules that manufacturers recommend or consider industry best practice that truck drivers are expected to follow.
- Safe Operating Condition: Truck drivers must not operate the trucks in a way that would cause an accident or mechanical failure.
- Record Keeping: Trucks must maintain their annual inspection reports and maintenance schedules listing out all completed repairs.
Brake-Specific Inspection Requirements
An example of negligent truck maintenance includes the failure to properly maintain and inspect the required brake systems of commercial trucks, as required by 49 C.F.R. § 393.40:
“(a) Each commercial motor vehicle must have brakes adequate to stop and hold the vehicle or combination of motor vehicles. Each commercial motor vehicle must meet the applicable service, parking, and emergency brake system requirements provided in this section. (b) Service brakes — (1) Hydraulic brake systems. Motor vehicles equipped with hydraulic brake systems and manufactured on or after September 2, 1983, must, at a minimum, have a service brake system that meets the requirements of FMVSS No. 105 in effect on the date of manufacture. Motor vehicles which were not subject to FMVSS No. 105 on the date of manufacture must have a service brake system that meets the applicable requirements of §§ 393.42, 393.48, 393.49, 393.51, and 393.52 of this subpart. (2) Air brake systems. Buses, trucks and truck-tractors equipped with air brake systems and manufactured on or after March 1, 1975, and trailers manufactured on or after January 1, 1975, must, at a minimum, have a service brake system that meets the requirements of FMVSS No. 121 in effect on the date of manufacture. Motor vehicles which were not subject to FMVSS No. 121 on the date of manufacture must have a service brake system that meets the applicable requirements of §§ 393.42, 393.48, 393.49, 393.51, and 393.52 of this subpart… (c) Parking brakes. Each commercial motor vehicle must be equipped with a parking brake system that meets the applicable requirements of § 393.41. (d) Emergency brakes—partial failure of service brakes — (1) Hydraulic brake systems. Motor vehicles manufactured on or after September 2, 1983, and equipped with a split service brake system must, at a minimum, meet the partial failure requirements of FMVSS No. 105 in effect on the date of manufacture.”
What this means is that every truck is required to have a fully functional brake system, allowing the truck to come to a complete stop within a safe distance and hold the vehicle stationary. A failure to follow these guidelines will make the vehicle unfit to operate and is required to be placed out of service. Examples of failures to meet these guidelines include worn-out brake pads, leaking air brake lines, failing hydraulics, and air pressure loss. If records of inspected vehicles show any of these issues, which subsequently cause an accident to occur, then these examples can be used as evidence that the trucking company was negligent.
Damages in Negligence Truck Maintenance Accidents
Damages refer to the compensation that a victim can receive for the financial and physical losses that result from the negligent truck maintenance. There are two main categories: economic (also known as compensatory) and non-economic damages. Economic damages include medical expenses, lost wages, property damage, and any costs for rehabilitation. In essence, they are damages that can be measured tangibly. In contrast, non-economic damages are more subjective and can be more difficult to quantify. These types of damages include any pain and suffering, loss of enjoyment of life, and loss of consortium (companionship). If the negligent truck maintenance results in death, there are additional damages under a wrongful death claim that can be brought.
If you find yourself facing an accident due to the negligent truck maintenance of an owner, seeking legal guidance can help you in asserting your rights as a victim. The negligent truck maintenance lawyers of Towey Law, PLLC, are here to get you the justice you deserve. Call us today for your free consultation at (716) 899-1605 and start your path to getting back what you have lost.