The Importance Of Maintenance Records In Truck Accident Cases

A staggering 30% of truck accidents could have been prevented by proper vehicle maintenance. When navigating a maintenance-related truck accident case, maintenance records serve as your roadmap to establishing liability and recovering full compensation for your injuries. So often, these records will reveal a pattern of neglect, consistent safety violations, and serious oversights that contributed to your accident. 

Unfortunately, accessing maintenance records is rarely easy. At Louisiana Law Lady, our experienced attorney knows how to access the evidence that can make or break your case.  Records are not required to be kept forever by trucking companies, so it’s important to consider hiring an attorney early so that they can put the trucking company on notice to save all pertinent documents.  To learn more, consider scheduling your free case review or calling/texting Lauren Pilie (504) 470-3511 to take the first step toward pursuing justice.

Understanding Truck Maintenance Requirements

Truck drivers and trucking companies are required to maintain the safety of their fleet through regular inspections and maintenance checks. The Federal Motor Carrier Safety Administration has established strict guidelines for truck maintenance to ensure safety and help prevent accidents. These guidelines can be found in 49 CFR Part 396, which requires that truck drivers and trucking companies: 

• Perform regular inspections. Before and after a trip, drivers are legally mandated to conduct inspections (called pre-trip inspections) to find and address any potential safety issues. If any defects are found, these issues must be addressed before the truck can be cleared for operation. A report of this inspection must be created and saved for 6 months (called a pre-trip report, or driver vehicle inspection report [DVIR]).

• Comply with periodic inspection requirements. A commercial truck must undergo an inspection every 12 months to confirm that all safety requirements are met, and they must generate and keep an annual inspection report.

• Keep thorough records of all vehicles. Trucking companies are required to keep full and complete maintenance records detailing all inspections and repairs. These records must be kept for at least one year while the truck is in use, and for 6 months after the vehicle leaves the company’s control. 

Statistics on Poor Truck Maintenance Leading to Accidents

Based on a study conducted by the Federal Motor Carrier Safety Administration, poor truck maintenance is a major factor contributing to road accidents. Overall, poor truck maintenance is the cause of approximately 1 in 10 truck accidents. Common maintenance issues like brake failure, tire blow-outs, and faulty signals are often cited as the cause of these collisions. For instance, brake failure was cited in 30% of maintenance-related accidents. 

Components of a Vehicle Maintenance Record

Federal regulations set forth a range of minimum requirements for vehicle maintenance records. The more details a trucking company keeps in its vehicle maintenance records, the easier it will be for the company to avoid liability for a maintenance-related accident. Unfortunately, many companies fail to keep accurate, thorough records of their vehicle’s maintenance history. If a company fails to keep records regarding any of the following, it may be possible to leverage this in your truck accident case:

• Identifying information, including the company name, as well as the make, model, VIN, tire size, and year of the truck. If the company does not own the truck, then the owner’s information must also be recorded in these records.
• Driver vehicle inspection reports (DVIR) created by the driver pre- and post-trip. All problems must be recorded in these reports, as well as the actions taken to fix the defects or deficiencies. 

• Periodic inspection schedules noting deadlines and due dates of all inspections. 

• Preventative maintenance records include detailed information on all repairs, parts replaced, and dates of maintenance. These records must have special notes made for repairs performed on emergency equipment. 

How Maintenance Records Reveal Negligence 

When maintenance-related trucking accidents happen, the maintenance records kept by the driver and/or trucking company can be used to reveal red flags in the case. For example, if inspections were skipped or repairs were put off to a later date, this information can be used to prove negligence. 

It is common for patterns of negligence to emerge in these cases. If maintenance records point to consistent delays in repairing safety issues, like faulty brakes or tires, this information can strengthen your trucking accident case. Oftentimes, this evidence is critical for victims seeking compensation for their injuries. 

Challenges in Accessing Maintenance Records

Trucking companies are not likely to hand over their maintenance records. You will likely need the help of an experienced attorney to obtain these records. LA Law Lady can issue a subpoena to compel the trucking company to hand over its maintenance records. Without a legal representative, a trucking company may outright refuse to produce the maintenance records you need to establish liability in a personal injury claim.  The worst case scenario is that a client waited too long to hire an attorney, or hired an attorney that was not experienced in trucking wrecks, and the maintenance records were destroyed.

Contact a Knowledgeable Louisiana Truck Accident Attorney at Louisiana Law Lady Today

In truck accident cases, maintenance records are key to uncovering the truth behind the crash. These records can provide important insight into the level of caution taken to ensure vehicle safety and serve as indispensable evidence when determining liability. To learn how Louisiana Law Lady can use maintenance records to strengthen your case, consider scheduling your free consultation today at (504) 470-3511.