Truck Accidents from Inadequate Maintenance
In order to keep anything, from your dishwasher to your a/c system to your lawn mower, running well, proper and regular maintenance is required. A vehicle is no exception. The larger and more complicated the vehicle, the more important it is to ensure proper and regular maintenance. This is especially the case for trucks, including semi-trailers, construction trucks, and similar large commercial trucks, because of the wear and tear and strain placed on these trucks on a daily basis. Unfortunately, this maintenance is often not undertaken correctly or, even worse, not done at all. Such inadequate maintenance can and frequently does lead to accidents. If you, a family member or a friend has been injured in an accident in the Miami area involving a truck, you should hire a law firm who will fully investigate the truck’s maintenance to see if it contributed to the cause of the accident. You need to hire an experienced and knowledgeable Miami truck accident lawyer for your corner to protect your rights. The attorneys at Greenberg, Stone & Urbano, P.A., have a long history litigating cases involving truck accidents in Florida resulting from inadequate maintenance. Please contact us today at (888) 499-9700 to schedule a free consultation to discuss your options.
Types of Truck Accidents Resulting from Inadequate Maintenance
There are multiple types of truck accidents resulting from inadequate maintenance, which leads to problems with braking systems, tires, loads, and lighting and reflective strips.
Braking systems are a common area of inadequate maintenance. Due to the extremely heavy weights of commercial trucks and the intense force associated with stopping these trucks, inadequate braking system maintenance can have disastrous consequences. Inadequate maintenance can lead to total brake failure. Total brake failure can result from water getting into the air brake system, freezing the braking systems, or from leaks developing in the braking system. Even if complete brake failure does not occur, inadequate maintenance frequently leads to an increased stopping distance for trucks. Among other things, this increased stopping distance happens because of unequal, worn, or missing brake components. If you would like to learn more about accidents resulting from trucks with failed or failing brakes, please visit our web page that discusses this topic in more detail.
Another major cause of trucking accidents is inadequately maintained tires. As simple a concept as tires are, they are in integral part to the safe operation of all commercial trucks. When tires are not changed after they become too worn to safely use, the risk of a tire blowout increases greatly. We have all seen the results of a tire blowout on the side of the road—pieces of the tire scattered all over the lanes and the shoulder. Tire blowouts can cause drivers to lose control over his or her truck and swerve into oncoming traffic, to be unable to properly slow or stop the truck, or to be unable to maneuver the truck, which can cause it to jackknife or be unable to avoid objects or vehicles it its path. Safety problems also result from tires that have been improperly retreaded. Retread tires can be inaccurately balanced and can have separation problems. Indeed, the Federal Motor Carrier Safety Administration (FMCSA) prohibits the use of retreaded tires on the front tires of buses. Our firm has successfully handled these types of tire truck cases and recovered millions of dollars for our client’s.
Commercial trucks are designed to haul heavy loads. Depending on the type of truck and the load it is designed to carry, a variety of coupling devices, chains, bolts, bars, and locking mechanisms secure loads in place. When these components are not maintained, they can completely fail or can fail to fully secure loads. When the components fail completely, loads may become totally dislodged and break free from the truck, spilling off the truck and into oncoming traffic and into traffic behind the truck. This may also cause the truck to jackknife or roll over. When these restraining components do not function as they should, loads can become loose and can shift from side-to-side or front-to-back. This shifting can result in a driver losing control of his or her truck, creating extreme danger to all surrounding traffic.
Sometimes, some of the simplest things to maintain or replace on a truck can be one of the most dangerous source of problems. Lights and reflective strips are vital to ensure both that the driver of the truck can see and that others can see the truck. Commercial trucks operate twenty-four hours a day and in remote locations. These factors only heighten the requirement that commercial trucks have sufficient lighting and reflective strips. The consequences of insufficiencies are easy, and tragic to imagine. If the truck cannot see other vehicles or objects on or near the road, or if other drivers cannot see the truck, catastrophic collisions can result. Again, we have recovered millions on just such claims.
Who Is At Fault?
Significant federal and state regulations govern the maintenance of trucks and components of trucks. These regulations apply to motor carriers, intermodal equipment providers, and drivers. Under FMCSA regulations, motor carriers and intermodal equipment providers must perform annual inspections on their trucks. Drivers are required to inspect their trucks every single time they operate it. Motor carriers, intermodal equipment providers, and drivers must keep reports for all inspections performed on their trucks and components. Failure to perform the required inspections can lead to imposition of penalties.
The attorneys of Greenberg, Stone & Urbano, are extremely well versed in these federal regulations, as well as the laws of the State of Florida pertaining to trucking maintenance. We understand when the regulations have not been met and how to build a case based on these failures. These laws can be difficult to navigate, and in the wake of a serious accident, you should not have to focus on figuring out what is required of motor carriers and drivers. We already know, so let us help you understand your options.
Beyond motor carriers, intermodal equipment providers, and drivers, mechanics can also be liable for negligent repair, replacement or service of various systems on a commercial truck. In determining against whom you may have a case, a thorough examination of reports and records of the motor carrier, intermodal equipment provider, driver, and mechanics must be undertaken. The attorneys at Greenberg, Stone & Urbano, P.A., know what to look for in these documents to ensure that all individuals responsible for your or your loved one’s injuries are held accountable. We are members of APITLA, the Association of Plaintiff Interstate Trucking Lawyer’s of America and Stewart Greenberg serves on the Florida board.
The days, weeks, months and sometimes even years after a trucking accident are often a time of extreme emotion and financial stress for those injured, as well as their families. Facing the difficulties associated with litigating a truck accident resulting from inadequate maintenance is not something you should undertake by yourself or with representation with which you are less than comfortable. The team of Miami truck accident attorneys at Greenberg, Stone & Urbano, P.C., is skilled in representing the rights of those injured as a result of trucking accidents in the Miami area involving inadequate maintenance. If you or someone you love has been injured in an accident involving inadequate maintenance of a truck, please contact us at 1-888-499-9700 or 305-595-2400 for a FREE consultation.