How Can I Prove That Poor Maintenance Caused Fatal Semi-Truck Accident?

Question:  My son and daughter-in-law were recently killed an accident with a semi-truck while on vacation in Texas.  According to the police report, the truck wasin bad condition prior to the runaway truck crash. Is it possible to find out if poor maintenance contributed to thenegligence of the trucking company?

Response:  Deadlysemi truck crashes are far less frequent than auto accidents;however, they are usually more catastrophic in terms of damage to property andhuman life.  Texas leads the nation inthe number of fatal truck accidents that occur each year.  Trucking companies are required to keep maintenance logs and toensure their commercial vehicles are operating properly.  Poor maintenance can contribute to thefailure of the brakes, steering, tires and cause problems with safelytransporting their cargo.  The truckingcompany is responsible for performing period inspections to make sure that thevehicle is in proper working condition.

Truck drivers are responsible for inspecting their vehicle at thebeginning and end of each day and to report any defects.  They must carefully review the last driver’sinspection report to ensure that all equipment is in good working order beforeoperating a vehicle.  Federal lawrequires drivers and their employers to keep logbooks, fuel receipts and othertrip documentation for six months and vehicle maintenance records for oneyear.  When an accident occurs, they arerequired to preserve all relevant documents.

Whenfatal truck accidents are caused by negligence on behalf of the truck driver ortrucking company, the decedent’s family has the legal right to seekcompensation for the losses suffered. These cases can be extremely complicated and involve intricacies of thelaw.  You should seek legal advice from aqualified professional semi truck accident attorney.

                        Answered byLinda Adams