Improper Maintenance of Trucks
Truck accidents can have devastating consequences for everyone involved, especially victims in smaller vehicles. Due to the sheer size and weight of trucks, they must be maintained carefully. If you or someone close to you has been injured in a truck accident that was caused by improper maintenance of the truck, you need to consult a Wheaton or Schaumburg truck accident attorney who understands this area of law. With extensive experience, the team at Therman Law Offices can investigate your claim to determine whether improper maintenance played a role in the crash. Time is of the essence in these cases, so it is important to act as quickly as possible.Improper Maintenance of Trucks Poses Serious Risks
According to statistics from the National Highway Traffic Safety Administration (NHTSA), large commercial trucks accounted for 8 percent of all deadly motor vehicle accidents in 2015. That same year, large trucks accounted for approximately 4 percent of all auto accidents that resulted in injuries or property damage. Large trucks cover a lot of ground each day as they haul cargo across the state and the country. Given the wear and tear that these trucks endure, regular maintenance, repairs, and other kinds of mechanical services should be performed regularly to make sure that the vehicle is in proper working order.
The Federal Motor Carrier Safety Administration (FMCSA) sets rules and regulations that trucking companies and truck drivers must follow. These include detailed guidelines about periodic inspections, routine equipment tests for everything from tires to brakes, repairs, and recordkeeping procedures. All commercial motor carriers are required to inspect, repair, and maintain the vehicles under their control. Every time a truck driver leaves with a commercial vehicle, he or she must inspect the vehicle.
If you have been injured in a crash caused by improper maintenance of a truck, your lawyer may be able to recover damages from the at-fault party through a negligence claim. Drivers and truck companies may be legally responsible if their actions are deemed negligent. Negligence occurs when a person or company fails to use the level of care that a reasonably prudent party would have used in the same or similar circumstances, thereby causing an accident and injuries. For instance, if a truck driver fails to inspect and maintain the truck, it probably would be considered a deviation from the appropriate level of care.
In other instances, parties other than the truck driver or trucking company may be liable for negligence. For example, if a mechanic performs faulty work while repairing brakes on a truck, and those faulty brakes cause an accident, that mechanic will likely be liable. This is because a reasonably prudent mechanic would not perform faulty work on brakes, understanding the risk of accidents associated with such conduct. In negligence cases, the burden of proof is on the plaintiff (the party filing the claim) to establish that the other party was negligent.
If a truck driver or trucking company’s violation of an FMCSA regulation caused your accident, you may be able to recover damages through a negligence per se claim. Negligence per se is a doctrine that creates a presumption of negligence if a defendant violated a safety regulation. In other words, the court will consider a violation of a safety regulation to be prima facie evidence of negligence. This requires the defendant to prove that they were not negligent, which is more difficult. Improper maintenance of trucks can be established through a variety of evidence, such as inspection logs, signs of wear and tear, maintenance records, and more.Protect Your Rights by Retaining an Injury Lawyer in Schaumburg or Wheaton
If you or a loved one has been hurt in an accident caused by improper maintenance, the trucking accident attorneys at Therman Law Offices can help. We understand how to navigate these complex cases and get our clients the full and fair compensation that they deserve for their harm. We understand that this is a stressful time, which is why you can expect the utmost compassion from our team. We proudly represent people in cities such as Wheaton, Schaumburg, Bloomingdale, Roselle, Carol Stream, Glendale Heights, Lombard, Villa Park, Addison, and Elmhurst. Call our office to learn more about your legal rights and options at 312-588-1900. You can also contact us online.