While most motor vehicle accidents – including truck accidents – are caused by some form of human error, a small percentage of them can be caused by mechanical problems. Negligent maintenance is at the root of these kinds of accidents, which makes them completely preventable. Trucking companies are fully aware of the importance of proper maintenance of their fleet of trucks. The U.S. Federal Motor Carrier Safety Administration, which is the federal agency in charge of commercial truck operations, has put rules and regulations in place that are designed to make sure that the big 18-wheelers that share our nation’s roadways with passenger vehicles are in safe working order. Part 396 of the Code of Federal Regulations (CFR) includes the inspection, repair and maintenance of commercial vehicles. The law says that, “Every motor carrier, its officers, driver, agents, representatives and employees directly concerned with the inspection or maintenance of commercial vehicles must be knowledgeable of and comply with the rules of this part.” Given that the law requires them to be familiar with the legal requirements for truck maintenance, trucking companies and drivers and everyone else concerned can be negligent when they do not follow these rules and make sure that their vehicles are properly inspected and maintained.
Trucking companies and the drivers of individual trucks are required to keep maintenance logs and records of every repair that has been made on the truck. In the event of a truck accident that causes an injury, the plaintiff’s attorney can request copies of those records to make sure that the truck was in compliance with federal safety regulations.
What about liability for defective parts?
There have been times when an 18-wheeler or other large truck has complied with inspections and maintenance, but ends up in an accident because of a defective part. In those kinds of cases, an experienced Chicago truck accident attorney knows that they can also file a products liability lawsuit against the manufacturer of the part that was proven to be defective and recover compensation for their client from the part manufacturer.
Unsafe truck parts that can cause truck accidents
There are a few critical parts on a large, commercial truck which if they are in disrepair can contribute to an accident such as:
- Suspension system
If a truck accident can be traced to faulty brakes, the injured party would have grounds to file a lawsuit against the truck driver, the trucking company and if the brakes were defective, the manufacturer and every entity in the chain of commerce, this is why it is vital to work with an experienced Chicago truck accident lawyer such as Neal Gainsberg. With more than 20 years of experience helping clients get fair compensation after an injury, He can make sure that you recover lost wages, medical expenses, pain and suffering and other losses related to the crash.
Truck accident injuries can be severe. If you are recovering from an injury that was caused by a truck accident, you are welcome to call 312-600-9585 or fill out our contact form to schedule a free consultation at Gainsberg Law, PC to discuss your truck accident today.
Neal S. Gainsberg has spent the last 20 years fighting to protect the rights of the injured in Chicago and throughout Illinois. From consumer rights and bankruptcy to catastrophic injuries and wrongful death, Mr. Gainsberg stands up to large corporations, insurance companies, creditors and hospital administrators to ensure that his clients’ futures are safe and secure. Learn More