Traffic accidents involving large commercial trucks in Texas are almost always preventable. They can happen for a variety of reasons that are often connected to human error and negligence, such as the failure of a trucking company or truck driver to obey federal safety regulations. Let our San Antonio 18-wheeler accident attorney determine the cause of your crash. A common example is inadequate truck maintenance.
What Are the Laws Surrounding Truck Maintenance in Texas?
“Inadequate” truck maintenance means a level of vehicle care that falls below the required legal standards. Truck owners in Texas are required to obey state and federal laws in terms of truck inspections, maintenance and repairs. 49 Code of Federal Regulations Part 396 requires the following:
- Every motor carrier must systematically inspect, repair and maintain all motor vehicles subject to its control.
- Vehicle parts and accessories must be kept in safe and proper working condition at all times.
- Every commercial vehicle must undergo an inspection by a qualified professional at least once every 12 months.
- Every motor carrier must maintain records documenting truck inspection and maintenance operations.
- No commercial motor vehicle may be operated in a condition as to likely cause an accident or vehicle breakdown.
Truck inspection and repair requirements apply to every piece of equipment that can affect the safety of the vehicle’s operation. This includes, but is not limited to, the truck’s wheels and tires, steering systems, engine, suspension, frame, axles, and brakes. When a motor carrier fails to conduct regular maintenance, this increases the risk of related truck accidents.
What Dangers Are Presented By Inadequate Truck Maintenance?
Poor truck maintenance can lead to an 18-wheeler that is unfit for the road. Large trucks that are permitted to fall into a state of disrepair can experience many mechanical issues and part failures that increase the odds of a catastrophic truck accident. Examples include:
- Brake failure
- Tire blowouts
- Electrical problems
- Steering issues
- Engine failure
- Lost cargo loads
These mechanical failures and equipment breakdowns can make it impossible for a truck driver to control a big rig – potentially resulting in a catastrophic accident involving other drivers. In these cases, injured victims can hold someone responsible for inadequate truck maintenance.
Who Pays for an Accident Caused by Poor Truck Maintenance?
Texas’s car accident laws state that when a crash is caused by negligence, the at-fault party can be held responsible for paying for the damages caused. This insurance law also applies to collisions involving commercial trucks. If an investigation determines that a lack of truck maintenance caused or significantly contributed to the accident, the individual or entity legally responsible for maintaining the truck can be held liable, or legally and financially accountable, for the victim’s losses. To collect financial compensation for damages such as medical costs and property repairs, an injured victim must prove improper truck maintenance. Proving a claim requires evidence, such as the trucking company’s vehicle inspection, maintenance and repair records.
When to Contact a San Antonio Truck Accident Attorney
If you get injured or a loved one dies in a trucking accident in Texas, hiring an experienced truck accident attorney can make it easier to obtain justice and fair financial compensation. Your accident attorney can work through the complex legal issues associated with your case to help you achieve a positive outcome. Your lawyer can investigate the crash, gather evidence of poor maintenance and hire experts to help you hold a trucking company or truck owner accountable. To learn more about a specific truck accident case, contact Maloney & Campolo to arrange a free consultation. Our trial attorneys have more than 20 years of courtroom experience in Texas.