Proving Negligent Maintenance after a Truck Accident Case
Being involved in a truck accident can be shocking, frightening, and complicated. As with any accident, victims can find themselves preoccupied recovering from any injuries they sustained, as well as gathering the evidence necessary to obtain just compensation.
Victims of trucking accidents may be entitled to recover damages resulting from their accident. To recover, victims must prove that the truck driver and/or the trucking company were liable for the accident and the resulting injuries. There are several theories of liability under which a victim may recover damages. Negligence, however, is the most popular theory of liability.
Truck drivers and trucking companies may be negligent for failing to adequately maintain their trucks. Commercial trucks are required by federal and state laws to conduct regular inspections, repair, and maintain vehicles. These requirements are designed to keep the trucks in safe working condition and to reduce potential complications that could lead to avoidable accidents.
Commercial truck drivers must conduct post-trip inspections in which they detail conditions that they believe could cause or contribute to unsafe operations. Additionally, truck drivers are required to conduct, at least, yearly vehicle inspections. Those records provide significant details regarding inspection, repair, and maintenance. Records must be kept for one year at the truck’s garage.
Regular inspections and reports play a crucial role in truck safety. They also are critical in proving negligence in a commercial truck accident. Proving negligence requires evidence that there is a deviation from a common, reasonable standard of care or a violation of the law. Inspection logs, combined with expert testimony, can demonstrate that the truck was negligently maintained. Some common maintenance problems include:
- Bad brakes;
- Tire blow out due to low tread;
- Problems with the steering mechanism; and
- Suspension failure.
Contact an Experienced Florida Commercial Truck Accident Lawyer
You may be entitled to compensation for those injuries you suffer in a commercial truck accident. At the Dolman Law Group, our team of skilled and experienced personal injury attorneys will work diligently to get you the compensation you deserve. Call us today at 727-451-6900 for a free consultation.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765