If you have been the victim of a truck driver’s negligence, maintenance records may hold the key to your case. Truck crashes are among the most dangerous types of vehicle accidents because the combination of size and speed results in high-impact collisions. When we pair these factors with a poorly maintained vehicle, the outcomes can be catastrophic, resulting in serious injuries that are costly to recover from. Maintenance records can be absolutely essential to proving your case and receiving the compensation you need.
If you believe a truck driver’s negligence caused your injuries, Buttafuoco & Associates offers free consultations and can tell you more about next steps at 1-800-NOW-HURT.
Federal and State Maintenance Record Laws
Both federal and state agencies have stringent requirements for trucking companies when it comes to properly maintaining vehicles. Under federal law, trucking companies must keep complete maintenance documentation of the vehicles in their fleet, proving that all vehicles are regularly inspected, repaired, and maintained.
Requirements for maintenance records not only include the truck’s maintenance schedule and next scheduled date of service, but companies must keep records of every repair, inspection, and lubrication a truck undergoes.
Roadside inspections, which are carried out randomly, must also be recorded. If a roadside inspection reveals a maintenance issue, the company must repair it promptly.
In addition to maintenance requirements, truck drivers themselves must complete Daily Vehicle Inspection Reports (DVIRs), wherein they must make their supervisors aware of any vehicle defects they notice. The company must then inspect the vehicle and make any necessary repairs before it returns to the road. All records must be kept for one year while the truck is in service. Failures to maintain or follow up on maintenance issues on the part of the company can be considered negligence in an accident case.
How do Attorneys Use Maintenance Records to Show Negligence?
Legally, trucking companies are required to regularly maintain vehicles to keep them safe. But sometimes, companies skip essential inspections and repairs. If a crash involves a truck that has not been maintained regularly, and the poorly maintained aspect of the vehicle was responsible for the accident and thus, the victim’s injuries, the company can be considered negligent in a New York court of law.
For example, let’s say a semi truck rear-ends a car on the interstate, resulting in serious injuries to the driver and passengers. If maintenance records show that the company did not inspect the brakes according to the required schedule, or that the brakes were in need of repair but the company delayed this necessary service, this could be sufficient to prove negligence.
A company that does not replace worn out tires, repair issues drivers noted in inspection reports, or otherwise allows a potentially unsafe vehicle on the road can be held responsible for damages.
Truck accident attorneys are skilled at reviewing maintenance documentation. They will view these records in conjunction with accident reconstruction reports, data from a truck’s electronic log, and inspection histories.
Because several parties could be responsible (the driver, the company, the parts manufacturer, etc) an attorney will also work diligently to clarify whether one or more parties caused the accident.
In a case where a truck crash results in a wrongful death or a serious injury, if it can be shown through maintenance records that the company was aware of these issues, this will significantly benefit the claim.
Trucking companies are notoriously protective of maintenance records and will often do anything in their power to refuse access to records that point to their liability. Without a qualified New York truck accident lawyer, securing records like these can be challenging to say the least. A skilled lawyer may do one or more of the following to ensure that records are turned over:
- Issue a letter of spoliation, legally requiring the company to keep all maintenance records and other evidence that could be related to the crash
- File discovery requests for all evidence that support your case, including records from third-party maintenance providers (if it is determined that the maintenance provider could be liable).
- Bring in expert witnesses to interpret challenging black box data and provide context for how it points to company or driver negligence.
A good attorney will also be able to recognize falsified records and hold companies accountable if they destroy or tamper with records.
When do I Need a Truck Accident Attorney Serving New York?
It is important to act quickly after a truck accident where you feel the driver or company may be negligent. Because federal regulations only require companies to keep maintenance records for one year while the truck is in service, essential evidence will no longer be available after these deadlines. An attorney can send a spoliation letter requiring companies to hang onto these records for an extended period.
If you have been in this type of accident, working with a personal injury lawyer at Buttafuoco & Associates can help you gather evidence, adhere to deadlines, and present a strong case on your behalf.
To find out more about next steps, call for a free consultation at 1-800-NOW-HURT.
