The Role of Truck Maintenance Records in Illinois Accident Claims
Many car owners opt for larger vehicles. It makes sense for a family car, and it also provides an added measure of safety. The prevailing wisdom is that the bigger the car, the more it can withstand the force of an impact.
While that is generally true, the size of that car won’t matter when it crashes into a semi-truck that can weigh upwards of 80,000 pounds when fully loaded.
A recent double crash involving two separate collisions with a semi-truck on a single day in Woodstock, Illinois, is a perfect example. As reported by CBS News, the two crashes left a pickup truck and an SUV crushed. Fortunately, there were no fatalities; only injuries occurred. This is the exact type of truck accident that automatically triggers an investigation by local, state, and federal authorities.
If the victims of the crash intend to blame the truck driver, then the truck’s maintenance records will play a pivotal role in the investigation.
What Are Truck Maintenance Records?
The Federal Motor Carrier Safety Administration (FMCSA) establishes regulations for all aspects of the trucking industry, including inspection, repair, and maintenance for commercial vehicles. Part of those regulations includes keeping the records for all of that upkeep. The records will demonstrate compliance with the regulations and also detail any history of maintenance issues with the truck.
Typically, these records are maintained by the trucking company, which is also responsible for providing the maintenance. A skilled truck accident attorney can subpoena the maintenance records to support their client’s claim and build a strong liability case.
If the trucking company fails to produce those records, it could indicate that they have something to hide, which further compounds their potential liability.
How Are Maintenance Records Used in Accident Claims?
There could be many factors that contributed to a single truck accident. Although the truck driver will ultimately be the primary person held responsible for the collision, there may be additional named participants and entities that share in accountability. The truck’s maintenance records can provide evidence to determine who should be held responsible for compensating the victim of a truck accident.
Here’s how those maintenance records can be used in accident claims:
Establish Negligence
Clear evidence of poor maintenance or delays in making repairs on a truck can demonstrate negligence. That negligence can be attributed to the driver, the truck company, and the mechanics who are supposed to be keeping those trucks in safe working order.
Prove Mechanical Failure
If the brakes give out on a truck, it can end in disaster. The truck driver may not be able to determine when the brakes will fail, but the maintenance records can establish how long it has been since the brakes were last inspected or replaced. That can lead to establishing a direct cause or a contributing factor to the crash.
Mechanical failure can also affect tires, transmission, electrical systems, lights, and all other vital mechanical systems on the truck.
Reveal Patterns of Neglect
Maintenance records provide details of all the regular work performed on a truck. Just as with your car, there are recommendations for when to change the oil and other fluids in the truck. Suppose there are repeated incidents of failure to perform those required tasks or inspections?
That will be reflected in the maintenance records. That can establish a pattern of negligence on the part of the trucking company.
Identify Regulatory Violations
Any gap in maintenance logs or the appearance of falsified inspection reports can indicate that the company has violated federal and state regulations, starting with those established by the FMCSA.
That evidence is to be used to seek punitive damages against the trucking company.
Counter Insurance Company Defense
An insurance company will work hard to avoid paying any claim. Maintenance records can be used to dispute their defenses.
Gathering All the Evidence for a Truck Accident Claim
Maintenance records are not the only vital evidence that can be used to support your claim. You can also utilize police crash reports, FMCSA reports, truck drivers’ service logs, cargo manifests, and surveillance video. That evidence might be difficult to locate without the support of a skilled legal team that knows where to find it.
The truck accident attorneys at Schweickert Ganassin Krzak Rundio, LLP work diligently on behalf of our clients to obtain all the relevant evidence and documentation that can prove who should be held liable for the accident.
If you’ve been involved in a collision with a truck, you can schedule a free consultation with our office to discuss what happened. We can help you understand what your options are for pursuing compensation. Schedule your consultation today.
