Getting into a truck accident can come with devastating consequences, especially for those operating the smaller vehicle. Because of this, it’s essential that you file a claim that proves negligence so that you can get the compensation you need to make a full recovery.
If you are the victim of a truck accident due to truck maintenance negligence, you need to seek representation from a truck accident attorney in Camas, Washington. At Henderson Taylor Law Firm, our team of Camas truck accident lawyers has extensive experience handling truck accident cases across Washington and can help you get the evidence you need to prove fault.
Keep reading to find out how truck maintenance records can impact your Camas truck accident claim.
What Are Truck Maintenance Records?
Trucking companies must keep a variety of records and documents regarding how their fleet runs, and one of these types of records is truck maintenance records. These records provide comprehensive documentation that showcases the condition and general upkeep of every truck in the fleet.
Truck maintenance records help Camas, Washington, trucking companies keep track of how their fleet is operating and being cared for. But these records also help to show the Federal Motor Carrier Safety Administration that the trucking company is maintaining compliance.
Standard truck maintenance records often include information, such as:
- Vehicle identification information.
- The maintenance schedule, including the type of maintenance and dates of maintenance.
- Dates and descriptions of all inspections, repairs, and lubrication.
- Annual inspection reports.
- Driver vehicle inspection reports.
It isn’t uncommon for trucking companies to make it difficult to access these records after a truck accident, which is why you should get the help of a truck accident attorney in Washington State.
Truck Maintenance Record Requirements
The Federal Motor Carrier Safety Administration, or FMCSA, has specific commercial truck inspection record requirements that trucking companies must follow. These requirements help to ensure trucking companies maintain compliance and keep their fleets operating safely.
So, to maintain compliance with the FMCSA, trucking companies must keep detailed records regarding:
- The truck maintenance schedule.
- All roadside inspections for each truck.
- Daily truck inspection records.
Trucking companies must also hold onto these records for a minimum of one year while the truck is in service. And even if the truck leaves service, the trucking company must keep these records for a minimum of six months. However, for annual inspection reports, these must be kept for a minimum of 14 months.
Overall, the purpose of FMCSA maintenance regulations is to hold trucking companies accountable for maintaining their fleets. This is necessary since poorly maintained trucks create a variety of risks for other vehicles on the road, greatly increasing the potential for truck accidents.
Common Truck Maintenance Problems
Commercial trucks go through a great deal of wear and tear as they are on the road so often. That is why regular maintenance is so crucial for ensuring these trucks are in good condition.
However, it isn’t uncommon for trucking companies to neglect truck maintenance in one way or another. And when this happens, it can lead to a variety of truck maintenance problems, such as:
- Brake failure
- Tire defects
- Steering issues
- Malfunctioning turn signals
- Broken headlights
- Tire blowouts
- Broken Springs
- Worn shocks
If you believe that you are the victim of a truck accident due to poor maintenance, you need to get in touch with a truck accident attorney in Camas, Washington. An attorney can help you gather the necessary evidence to prove negligence before it is lost or destroyed. They will also handle all communication on your behalf so that you aren’t pressured into accepting an unfair settlement offer.
Using Maintenance Records to Prove Negligence
In many truck accident cases, it’s a good idea to access the truck’s maintenance records to use as evidence when you file your truck brake failure claim. The trucking company is legally obligated to provide these records if requested.
Here are some examples of the types of maintenance records you can use as evidence:
- Inspection logs
- Repair records
- Driver inspection reports
- Maintenance schedules
Your attorney can use these records to establish negligence and fault for accidents caused by poor maintenance. For example, the trucking company may not have performed the necessary inspections on the truck, which led to a serious mechanical issue being overlooked. Or, the trucking company may have been aware of mechanical issues but failed to perform the necessary repairs before the truck was back on the road.
It’s also worth mentioning that you can still prove negligence even if the trucking company did not keep detailed maintenance records. In fact, a lack of documentation can help you establish fault by showing that the trucking company neglected to maintain FMCSA trucking maintenance standards.
Hire an Experienced Truck Accident Attorney at Henderson Taylor Law Firm
Getting access to truck maintenance records in Camas, Washington, can come with some challenges. But gathering this evidence is often a necessity when it comes to proving trucking maintenance negligence after a truck accident.
At Henderson Taylor Law Firm, our Camas truck accident lawyers can help you gather the truck maintenance evidence you need to prove negligence so that you get the compensation you deserve. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can maintenance records be destroyed?
Federal law requires trucking companies to hold onto maintenance records for one year for in-service trucks and six months for out of service trucks. So, trucking companies cannot legally destroy maintenance records before these deadlines. However, if you wait too long to file your claim, there is a chance that these records may no longer be available.
Who is responsible for maintaining commercial trucks?
It’s the responsibility of the trucking company to maintain all of their commercial trucks. Because of this, if the accident was due to maintenance negligence, the at-fault party would be the trucking company.
Can poor maintenance increase the value of my case?
Yes. If you have the evidence to prove that poor maintenance directly caused the truck accident, this can result in a higher settlement.