Commercial trucks, 18-wheelers, delivery trucks and other common carriers have the propensity to be extremely dangerous for other roadway users. Those in charge of maintaining and repairing the truck, however, often have the power to prevent collisions. Part of this responsibility is keeping up with proper truck maintenance and inspections. If you’ve been injured in a truck accident in Dallas, contact The Law Firm of Aaron A. Herbert, P.C. for a free legal consultation. We can help you determine if you have grounds for a case based on improper truck maintenance.
Trucks have thousands of moving parts that must all be in good and proper working condition at all times. Allowing even one part to fall into a state of disrepair could lead to a devastating truck accident. Some of the most common maintenance issues connected to truck accidents in Texas are:
Proper truck maintenance, daily inspections and high-quality repairs can prevent these problems and keep a commercial truck reasonably safe for business. When truck maintenance falls to the wayside – often so that the trucking company or owner saves money – this is when accidents can happen.
Federal laws, enforced by the Federal Motor Carrier Safety Administration (FMCSA), require motor carriers (e.g., trucking companies and truck owners/operators) to properly inspect, repair and maintain all motor vehicles subject to their control. Section 396.3(a) of the law states that all motor vehicle parts and accessories must be in safe and proper working order at all times. In addition, motor carriers must maintain inspection, maintenance and repair records. It also says that no commercial motor vehicle may be operated in such a condition as to likely cause an accident.
The person or entity that owns the truck and is in charge of its daily operations has a legal responsibility to ensure proper truck maintenance. If negligent maintenance results in a truck accident in Texas, the trucking company or independent owner could be financially responsible, or liable, for victims’ losses.
To hold one or more parties liable for your maintenance-related truck accident, you or your lawyer must establish through a preponderance of the evidence (clear and convincing evidence) that the defendant more likely than not failed to inspect, maintain and repair the truck according to legal requirements and that this is what caused your accident.
If you or your lawyer succeed in proving that a trucking company or owner failed to properly maintain the truck, you could receive financial compensation from the defendant’s insurance provider. A successful settlement or jury verdict could help your family pay for related costs, such as motor vehicle repairs, medical bills and lost wages.
If you or a loved one was recently involved in a commercial truck accident in Texas, the attorneys at The Law Firm of Aaron A. Herbert, P.C. can help. We will thoroughly investigate your accident to determine its cause. If it’s improper truck maintenance, a defective truck part or an equipment malfunction, we can help you and your family go up against one or more defendants in pursuit of justice. Contact us today to start with a free consultation in Dallas.