As drivers, we have been taught to inspect and maintain our vehicles to ensure safety. If the vehicle you are driving weighs 80,000 pounds, this advice is an obligation that cannot be ignored. If you are in need of immediate assistance, we urge you to begin your free case review with a proven truck accident lawyer, attorney David Azizi. Chat now or call 800-991-5292.
In recent years, close to 4,000 fatalities have been reported in truck accidents. While 17 percent of truck occupants died, 82 percent of those killed were occupants in passenger vehicles, pedestrians, bicyclists and motorcyclists. The number of deaths have increased by 27 percent in the past decade. This happens due to increased traffic, bad scheduling and lack of maintenance and inspection. Let’s explore a trucker’s mandatory obligation to maintain their vehicle and inspect it routinely and how failing to do this impacts on highway safety and causes accidents.
Truck Accident Lawyer for Inspection and Maintenance
When trucks are not inspected or maintained, the likelihood of a catastrophic accident increases. To prevent this, the federal government has established rules to ensure that such measures are taken. If you or a family member has been injured or killed due a trucker’s or trucking company’s failure to inspect and maintain, you need the insight an experienced truck accident lawyer can provide.
David Azizi has been helping clients injured by negligent truckers for over two decades in the Los Angeles and outlying areas. He is a dedicated champion of their rights and compassionate toward their needs. His legal acumen and diligence helped him rank as one of the top 20 personal injury lawyers in Los Angeles, according to Expertise.com. You can reach him anytime at (800) 991-5292 to set up a free consultation. David even gives you his cell phone number for times when a question cannot wait.
LA Truck Accident Lawyer Perspective – Steps After a Collision With A Truck
After a truck accident, an experienced truck accident lawyer will investigate the crash to determine why it happened and who was at fault. Initially, the lawyer will review all accident reports, witness statements and the records and logs truckers and trucking companies are required to have. Inspection and maintenance logs are reviewed for deficiencies in daily record keeping and proof of maintenance and repair if a deficiency is found.
Knowing your next move after an accident with a large truck or commercial vehicle is critical. If maintenance was an issue, you’ll need to pursue legal action in a very specific way. Truck crash attorney David Azizi answers the most talked about questions in this audio podcast episode. Play the episode below.
Government Regulations Concerning Truck Inspection and Maintenance
Under Section 396.3 of the federal regulations, truckers are obligated to inspect their vehicles each day. Some parts and accessories included in this inspection that can affect the operation and safety of the vehicle are:
❏ Service brakes
❏ Parking brakes
❏ Windshield wipers
❏ Coupling device king pins
❏ Clamps or hooks
❏ Emergency equipment
❏ Airline connectors
❏ Tie downs
❏ Clamps or hooks
❏ Vehicle parts are lubricated properly
❏ No leaks of oil or grease
Each report is required to include vehicle identification and any defects or deficiencies noticed during the inspection, and repairs or other corrective actions must be listed. The report must be retained for a minimum period of at least 90 days or longer, up to one year. If the truck is sold, the records must be kept for at least 6 months.
Most Common Deficiencies
Driving without inspecting a vehicle for deficiencies can be described as negligent behavior. Two of the most worrisome deficiencies involve the brakes and tires. Being unable to stop a heavy vehicle or experiencing a tire blowout almost ensures that someone will be hurt.
If a truck’s brakes are deficient, it stands to reason the truck will be unable to stop properly. Brakes become worn with usage and need to be replaced. Beyond that, defects during design and manufacture may be responsible for faulty brakes. While such defects are not always obvious until the brakes fail, keeping abreast of recalls is one way to be aware of defects. When a recall is issued, the manufacturer will offer to repair or replace the defective product. The truck owner will be sent a notice instructing them on how to have it done. If this is ignored, and an accident ensues, it is the fault of the trucker who, once notified, failed to have the brakes repaired or replaced.
Failure to Warn
Alternately, if the manufacturer failed to warn its customers or did not recall the product in a timely manner, it is the manufacturer who is to blame. Even if the manufacturer did not know there was a defect, but an accident happened due to an unknown defect, the manufacturer is responsible for the financial loss the injured person incurred. Such lawsuits involve product liability. In California, under a doctrine known as strict liability, the victim needs only to prove that their injuries were due to the defective product and that the product was being used in a manner for which it was intended.
Tire Defects and Deficiencies
Tires must be maintained properly, and air levels need to be checked routinely. However, as with brakes, defects in the tire itself can cause accidents due to a design or manufacturing flaw. In the same fashion as brake defects, if a tire is recalled and the trucker fails to replace the tire, the trucker can be taken to task for the accident along with the manufacturer. On the other hand, if the manufacturer knew of the defect and did not recall or warn customers of it, a claim can be filed as failure to warn. In California, this is treated as a product defect.
Failure to Recall a Defective Part
Failure to have a recalled part or tire replaced is traceable. If an expert evaluation shows that a defective part is implicated, the lawyer will turn his or her attention toward the manufacturer of the part.
Lack of Repair of a Deficiency
In another scenario, if a deficiency is found during regular maintenance and inspection and the problem was not repaired, either the owner of the truck or the mechanic who services the truck may be to blame as well as the company owner. Some truck owners and companies try to extend the use of a part despite evidence that it is worn or becoming deficient. By doing this, they become liable for an accident.
Alternately, if a mechanic is paid to repair a problem and fails to do so, the mechanic can be held responsible for the accident. If there is a record that the mechanic has a history of telling untruths about repair and the truck owner knows this was the case in the past but continues to use or employ the mechanic, both the mechanic and the truck owner are to blame.
Begin Your Case With a Proven Truck Accident Law Firm for Lack of Inspections & Maintenance
If negligence involving faulty maintenance or inspection was the cause of your truck accident, you need the assistance of David Azizi. David will review trucking records to determine why the accident happened, and determine if inspection or maintenance failure, mechanic negligence or a defective part is to blame. David leaves no stone unturned and has the expertise and truck accident reconstruction team to find out why the accident happened.
Once that is accomplished, David has the resources to take your case to court to procure the compensation you need and deserve. You pay nothing until you win since the case is on a contingency protocol. Call David as soon as possible since the accident site is cleared quickly, and sometimes a trucker or trucking company will try to hide the reason the accident occurred. Phone him at 800-991-5292 today or contact him online. David and his team will take it from there.