Mechanical breakdowns are behind some of the worst truck accidents on Texas roads. A neglected brake system, for instance, or a tire that should have been replaced weeks ago can lead to a catastrophic crash that was entirely preventable. The responsibility for keeping these vehicles in safe condition often falls on more than just the driver as well.
Figuring out who’s legally responsible for a maintenance-related crash isn’t always simple. Unlike a typical car accident, where fault usually falls on one driver, truck accident cases often involve several parties who each played a role in putting a dangerous vehicle on the road. Read on to learn about how liability tends to break down in these cases.
The Trucking Company
The carrier that operates the truck has the most direct duty to keep it safe. The FMCSA requires trucking companies to inspect every vehicle in their fleet on a regular basis and fix any problems before the truck goes back out. They also have to keep records of every inspection and repair.
If a trucking company acts negligently in some way, such as knowing about a problem and ignoring it, it can be held liable for any crash that follows. Maintenance logs and inspection records are usually the first things a personal injury attorney will ask for during an investigation.
The Truck Driver
Drivers have their own duties when it comes to maintenance. For example, federal law requires them to do a pre-trip inspection before every trip and fill out a post-trip report at the end of each day. Both of these are meant to catch problems early.
A driver who spots an issue but doesn’t report it, or who ignores something obvious like a dashboard warning light, may share some of the blame. That said, many drivers feel pressured by their employers to stay on schedule, which can make them hesitant to flag problems that could slow down a delivery.
Third-Party Repair Shops
Not every trucking company handles its own maintenance. Many hire outside repair shops to service their vehicles. If one of those shops did poor work on the truck, like installing the wrong brake pads, they can be held responsible too.
Proving this takes a close look at service records and work orders to figure out what was done, when, and whether it met basic industry standards.
Parts Manufacturers
Sometimes, the problem isn’t the maintenance work but the part itself. If a defective brake line caused the crash, for example, the company that made or sold that part could be liable under Texas product liability law. These claims work differently from standard negligence cases and can add another source of compensation to your claim.
Contact a Truck Accident Lawyer in Texas for a Free Initial Consultation
Maintenance-related truck crashes almost always involve more than one responsible party. Finding each of them might require a detailed investigation, however, and holding them all liable will almost certainly require legal help.
Call Cal Mundell Law Firm, PLLC for a free consultation today at (915) 250-0700. We can handle your legal claim in its entirety while you focus on what matters most: your health and well-being.