What Is the Role of Maintenance Records in Truck Accident Cases?
Many truck crashes are due to driver error, but in some cases, the crashes are due to the vehicle’s mechanical failure. If a truck’s parts are not properly maintained, they may fail during operation, making it difficult for the driver to maneuver, steer, or brake as needed.
While some mechanical failures are unavoidable and unexpected, truck companies and drivers should regularly inspect and maintain their vehicles to avoid foreseeable problems. Lawyers from a personal injury law firm in Greenville say if you can prove that trucking companies neglected these duties, leading to an accident, you may be eligible for compensation.
Proving that an accident occurred due to poor truck maintenance requires you to provide evidence, mainly the vehicle’s maintenance records. Servicing records give a clearer picture of the vehicle’s servicing and repairs, periodic inspections, and substitutions. The records can help South Carolina truck accident attorneys achieve the following:
Establish Negligence
Failing to exercise reasonable care is one of the most common forms of negligence that causes harm to others. In the case of truck accidents, improper maintenance or failure to complete the necessary repairs may amount to negligence.
Maintenance logs can reveal gaps in upkeep or use of low-quality parts and components, information that can be used as evidence of negligence. If investigations indicate that a trucking company doesn’t keep proper maintenance records, it could tell just how little it cares about adhering to the trucking industry’s regulations, which could affect your case’s outcome.
Investigate the Case Further
Once truck accident lawyers in South Carolina obtain a truck’s maintenance records, they may inspect the vehicle and the facility at which maintenance service was provided. This step is crucial in establishing the service provider’s reliability, as many facilities have been caught performing counterfeit inspections.
They may also depose the maintenance technician to ensure they are qualified and did their work correctly. The make and model of the truck involved in the accident are also crucial factors that can help determine if the specific maintenance requirements were met.
For example, if the truck’s make and model should have the brakes changed every 50,000 miles, but the trucking company changes them after every 100,000, it could point to the company’s negligence in performing its duties.
Determine Liability
Additionally, truck accident attorneys in South Carolina can interview the truck driver extensively to establish if the vehicle had any problems before the accident. While drivers often let management know about any issues with the trucks, managers can be slow in resolving them.
The information obtained during these interviews can help determine who should be held liable for the crash, which can impact your case outcome. Truck maintenance records are also crucial when extending a compensation claim to a manufacturer due to a faulty part that failed, leading to an accident. Some mechanical problems that cause truck accidents include:
- Brake system failures
- Powertrain failures
- Tire issues
- Suspension problems
- Problems with lights
What Are Common Causes of Negligent Maintenance?
Truck accident lawyers in South Carolina say several factors contribute to negligent maintenance practices among trucking companies:
- Cost-cutting measures with disregard for safety
- Time constraints due to tight schedules and pressure on drivers to meet delivery deadlines
- Lack of oversight and enforcement of maintenance protocols
- Inadequate training for maintenance personnel and truck drivers
The consequences of negligent maintenance can be devastating. A resulting truck accident can cause catastrophic injuries and fatalities. Commercial trucks’ sheer weight and size can cause extensive property damage in an accident.
How Can I Obtain a Trucking Company’s Maintenance Records After an Accident?
Obtaining maintenance logs from trucking companies can be challenging, and if you approach the issue alone, you put yourself at a disadvantage. You may lack the experience to deal with truck accidents, but trucking companies and their lawyers know how to navigate the process and manipulate victims into accepting less than their claim is worth or not compensate them at all.
It would be in your best interests to work closely with aggressive truck accident lawyers in South Carolina to protect your rights. They can ask the trucking company to submit copies of the maintenance records before filing a lawsuit.
If the trucking company fails to cooperate, the lawyers can request the court to intervene or file a subpoena. Legal experts know how the system works, and while trucking companies may not allow unfettered access to the records, they can use their authority and expertise to obtain them to help your case.
Do Trucking Companies Ever Tamper with Evidence?
Federal law requires trucking companies to inspect and maintain their fleet and retain records of the services. However, some companies don’t adhere to the regulations. Other times, a company will have these records, but when they discover the logs could have adverse outcomes, they may alter or destroy the documents, making it difficult for a claimant to prove their case.
In such cases, it’s crucial for personal injury lawyers in South Carolina to send spoliation correspondence. The notice instructs the trucking company on its duty to maintain proper records and produce them for review upon request. The involvement of skilled legal experts is essential to prevent the trucking company from tampering with crucial evidence.
An Experienced Personal Injury Lawyer Can Help You Obtain a Truck’s Maintenance Records to Prove Your Case
If you were injured in a truck accident caused by poor or neglected truck maintenance, skilled South Carolina truck accident attorneys assess the company’s maintenance records to prove your case. The information can provide more insights to determine how well the trucks are taken care of and who should be liable for the accident.
At the Hammack Law Firm, we have helped many truck accident victims seek the settlement they deserve after establishing fault. We know how devastating this time can be, and we can aggressively fight for your rights as you focus on healing and recovery. Call us at 864-766-7108 for a FREE consultation.
