While truck accidents can occur for many different reasons, many are the result of improper or inadequate maintenance. In almost every case, these accidents could have been completely avoided had the company properly maintained the truck.
If you or a loved one were injured in a collision with a commercial truck, the Robinette Legal Group, LLC can help. We can investigate the accident and find out who is legally responsible for your injuries. Call (304) 594-1800 now for your free case review with one of our experienced attorneys.
Why You Need to Hire an Attorney
Although it is not mandatory to hire a personal injury attorney, having one by your side can lead to a stronger case. An attorney will know exactly how to negotiate with an insurance company for maximum financial compensation for your injuries. Your lawyer will ensure you fully understand all of your legal options and know what your case is worth. An attorney will also be able to give you greater peace of mind during a difficult time by handling complex legal actions for you while you recuperate.
Common Examples of Truck Part Breakdowns
Truck maintenance is one of the many responsibilities a trucking company has in keeping the public safe from traffic accidents and avoiding charges of negligence. Fleet maintenance by a commercial carrier is critical for ensuring the reasonable safety of its trucks. Inadequate fleet maintenance – often due to carelessness on the part of the trucking company or an intentional effort to save time or money – can lead to dangerous equipment malfunctions and truck breakdowns in transit.
Inadequate truck maintenance can lead to many dangerous issues with a big rig, such as:
- Brake failures
- Broken taillights
- Missing rear guards
- Steering problems
- Tire problems
- Electrical failures
- Powertrain failures
- Suspension problems
Part breakdowns from lack of fleet maintenance can cause accidents such as jackknifes, rollovers, tire blowouts, and rear-end collisions. These accidents can be fatal for the victims involved. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2018, vehicle-related factors were involved in 6 percent of fatal crashes involving large trucks – about 292 accidents. This shows a marked lack of responsibility in terms of proper truck inspections and maintenance.
Federal Truck Maintenance Regulations
Inadequate truck maintenance is not only an ethical violation; it is against federal law. FMCSA General Law Section 396.3(a) requires every motor carrier to regularly inspect, repair, and maintain all of its motor vehicles. It is the carrier’s responsibility to make sure all parts and accessories are in safe and proper working order at all times. This includes proper tire inflation, balanced and properly working brakes, working lights, and all necessary equipment.
Who Is Liable for Inadequate Truck Maintenance?
Ultimately, truck companies must ensure their vehicles are in safe working order before they start their journeys. The failure to do so, either carelessly or intentionally, can lead to serious and deadly truck accidents in West Virginia. This will result in liability – or financial responsibility – on the trucking company for a related truck accident, in most cases.
A trucking company is liable for dangerous mistakes such as lack of truck inspections, ignored maintenance issues, unsafe operations, and low-quality repairs that result in accidents. According to the doctrine of vicarious liability, a truck company will also be liable for the mistakes of its on-duty employees, such as drivers for failing to inspect the trucks.
If you are not sure who is liable for your truck accident in Morgantown, contact an attorney for assistance. An attorney can provide a comprehensive investigation of your accident, gather evidence and hire truck accident experts to help determine the cause of your crash.
Speak to a Truck Accident Lawyer in Morgantown Today | Free Case Review
A collision with a commercial truck in Morgantown can change your life in many ways. Although financial compensation does not solve everything, it can allow you and your family to move forward with greater financial stability after a bad truck accident. A lawsuit for inadequate truck maintenance can also allow you to hold a careless trucking company accountable for causing the wreck.
To discuss your rights and legal options with an experienced and compassionate truck accident lawyer in Morgantown, contact Robinette Legal Group, PLLC today.
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