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1 800 HURT 511

The Sanders Law Firm

Commercial Trucking Maintenance

Commercial Trucking Maintenance

A driver can only be as good as the vehicle that he or she is operating. Even licensed, experienced, and well-rested truck drivers are dependent on their vehicles to effectively carry out their jobs. If something is wrong with their truck, such as a mechanical failure, it can cause problems for even the most experienced drivers. In turn, this puts members of the public in great danger of injury or even death.

Vehicle maintenance in the field of commercial trucking is crucial. These giant trucks and tractor-trailers take a beating when hauling heavy loads across the country. It should come as no surprise then that these vehicles require constant maintenance and upkeep to ensure that they run smoothly.

The Federal Motor Carrier Safety Administration (FMCSA) sets forth rules and regulations regarding the upkeep of commercial vehicles in FMCSA Rules and Regulations § 396. Specifically, Regulation §396.3 states that all carriers must have a program in place to “systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.” This broad and ambiguous requirement leaves certain decisions of how to maintain a carrier’s fleet entirely on the carrier. It is up to the carrier to ensure that they comply with FMCSA regulations, and often, this lack of specificity can lead to inadequate maintenance.

To prevent a breach of the FMCSA Regulations regarding maintenance of a carrier’s fleet, it’s necessary to first determine how often to inspect a fleet. This includes contacting the original manufacturer of the vehicle in order properly gauge the parameters of inspection. This step also includes setting up “cut-off points” for major components of the vehicle. A cut-off point is essentially a deadline for maintenance or replacement of a piece of a truck. For instance, brake linings could be maintained biannually for a period of five years, and after those five years, a carrier will replace the old, worn down brake linings with new ones.

After developing a time frame, it’s vital to keep maintenance records that detail all instances of inspection. Not only does this practice provide for up to date records, but it can also be used as an auditing tool to show that regular inspections were taking place on a commercial vehicle. Often times, the lack of an inspection record can help an injured plaintiff prove that a trucking company was negligent and liable for damages following an 18-wheeler accident.

A tragic example of inadequate maintenance occurred recently when two large trucks carrying logs collided head-on in Mississippi. Both trucks were hauling large loads when the truck traveling northbound lost control and veered into the southbound lane. The wreck caused one the 18-wheelers to explode in flames, and the driver had to be airlifted to the University of Mississippi Medical Center. Investigators believe that the crash was caused by mechanical steering problems. If the investigators’ hunch is correct, then this tragic accident may have been prevented had the faulty steering been detected through proper maintenance.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

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From Our Clients

Stephanie De La Cruz
quote

I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

Stephanie De La Cruz

Jordan Barnes
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Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

Jordan Barnes

Kevin Diaz
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I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

Kevin Diaz

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Our locations

  • QUEENS OFFICE

    163-07 Depot Road, Suite 101
    Flushing NY 11358

    104-70 Queens Blvd., #501
    Forest Hills NY 11375

  • BRONX OFFICE

    2932 Wilkinson Ave,
    The Bronx NY 10461

  • BROOKLYN OFFICE

    1733 Sheepshead Bay Rd, Suite 43
    Brooklyn NY 11235

  • LONG ISLAND OFFICE

    100 Herricks Road,
    Mineola NY 11501

    100 Garden City Plaza, Suite 500
    Garden City NY 11530

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