Trucking is big business in the United States with trucks loaded up with goods constantly crisscrossing the country and it’s not an uncommon question to ask who is responsible for the maintenance for trucks and other commercial motor vehicles.
The answer lies within a complex set of vehicle safety regulations and safety standards designed to regulate commercial trucks and trucking companies through a systematic inspection program to prevent unsafe operations that can result in the need of a Fort Lee truck accident lawyer if you are in an accident that is caused by improper commercial vehicle maintenance in violation of these regulations.
The Legal Foundation of Truck Maintenance
The commercial trucking industry is primarily regulated by the Federal Motor Carrier Safety Administration (FMCSA) in addition to relevant state agencies under state law.
The FMCSA guidelines mandate that commercial carriers regularly carry out vehicle inspections, brake inspections, engine checks, and other periodic inspections and carry out any trucking maintenance necessary if there are any mechanical problems or if any truck components are in need of commercial vehicle repairs.
Furthermore, commercial vehicle maintenance regulations also require a trucking company to carry out truck driver training in regard to pre-trip inspection, post-trip inspection, cargo inspection, and maintenance safety protocols to ensure that unsafe vehicles are not operated.
The FMCSA also compels various recordkeeping requirements such as the vehicle identification, a truck maintenance schedule, record of any repair work done, and federal DOT inspection reports.
The purpose of these preventative maintenance regulations is to promote truck safety for the drivers and the public in regard to maintenance issues. Maintenance violations of the FMCSA maintenance requirements during safety audits can lead to a reduction in a carrier’s Safety Measurement System (SMS) score, such as a failure to maintain a DOT maintenance log, potentially leading to penalties and other consequences due to inadequate safety performance.
Who Is Responsible for Improper Truck Maintenance?
While trucking companies and their owners ultimately bear the primary responsibility for truck maintenance, there are many parties that can be responsible for an improper truck maintenance program including:
- Trucking Company – federal regulations mandate that trucking companies and their owners are responsible for the fleet maintenance of the company’s vehicles and their DOT compliance with all relevant regulations such as FMCSA annual inspection requirements and FMCSA record keeping requirements.
- Owner/Operator – If a truck is owned and operated by the same person, said person is responsible for all owner-operator truck maintenance and responsible for all regulatory compliance including a FMCSA vehicle inspection, USDOT inspection, and DOT truck repair.
- Drivers – truck driver responsibilities employed by a commercial carrier include pre-and post-trip checks with roadside inspection reports to ensure the truck is safe for operation. Drivers have a duty to report any vehicle defects they find to the company in driver vehicle inspection reports and may be subject to a compliance review.
- Maintenance Providers – third-party companies contracted for commercial truck maintenance are obligated to adhere to the same standards for heavy vehicle maintenance responsibilities as a trucking company and could be partially at fault for a truck accident if they are negligent.
- Manufactures – vehicle and parts manufacturers can be held liable for vehicle maintenance related accidents if they contributed to the maintenance failure.
Common Maintenance-Related Issues
Commercial vehicles can have many maintenance-related issues that can lead to truck accidents. The most common issues related to improper maintenance include:
- Tire Issues – truck tires are subject to significant wear due to the number of miles traveled and the weight of the truck, which can lead to wear and tear, blowouts, and loss of pressure, all of which can be detrimental to vehicle safety.
- Brake Issues – brakes can wear down, leak fluid, and have other issues, especially when hauling heavy loads which can lead to brake failure.
- Engine Problems – vehicle performance can be affected by overheating, oil leaks, and worn-out components. These issues can lead to vehicle breakdowns or engine failure.
- Electrical System Issues – dead batteries, alternator failures, and wiring issues can lead to breakdowns and potential road safety issues.
- Suspension Issues – suspension systems can experience wear and tear causing issues that can affect a truck’s handling and stability with a failure in truck maintenance responsibilities potentially being deadly.
Types of Truck Maintenance Responsibilities
Companies, drivers, and fleet managers have many maintenance responsibilities to keep trucks functioning properly and to comply with trucking regulations. Some of the most common maintenance responsibilities include:
- Regular Inspections – extensive annual inspections are required from a professional with the proper inspector qualifications but the responsibilities of truck drivers also include daily checks of tire pressure and parts and accessories checks. FMCSA trailer inspection requirements also require the trailer to be inspected.
- Preventative Maintenance – this can include work done by the maintenance team under a vehicle maintenance program such as regular oil and fluid changes, brake checks, tire rotations, engine maintenance, and other checks done to ensure fleet safety. A commercial vehicle maintenance schedule or truck maintenance schedule is required to be recorded.
- Corrective Maintenance – this is the maintenance to repair issues with vehicle operation such as leaks, worn components, engine and transmission problems, and more using proper maintenance procedures. Companies are required to keep detailed vehicle inspection repair and maintenance records of all maintenance performed.
How to Handle a Maintenance Dispute
There can be maintenance disputes between multiple parties such as if an issue was one of the company responsibilities or one of the truck driver maintenance duties. These often occur when something bad happens such as an accident, a road safety issue occurs, or safety violations are uncovered during a vehicle maintenance inspection.
If you are in an accident involving a truck or are a truck driver in a dispute, if an informal resolution is not quickly reached, hiring an attorney is the best way to handle a maintenance dispute.
Attorneys know the mistakes to avoid after a truck accident and can investigate and help determine liability for truck accidents due to negligent maintenance and get you through the truck accident claim process.
How An Experienced Lawyer Can Help You
If you have been in a truck accident or are in an ongoing trucking maintenance dispute, an experienced lawyer can help you in many ways. For one, they know the maintenance requirements carriers are legally required to comply with for maintenance trucks and can negotiate a settlement with fleet management or an insurance company.
And if you need to engage in litigation, an attorney can ensure that a suit is timely filed and represent you in court throughout the case. Omni Injury & Accident Law provides comprehensive representation to those dealing with trucking accident and accident prevention issues and will vigorously pursue any compensation you are entitled to. Contact Omni Law today to set up a consultation.