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Blog How Improper Maintenance of Commercial Vehicles Harms Drivers

How Improper Maintenance of Commercial Vehicles Harms Drivers

August 05, 2021
By Christie Bell & Marshall
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As road users, we all have a duty to act in reasonable ways in order to keep each other safe. Those who work with commercial vehicles have an even greater responsibility to do everything possible to make sure all road users remain unharmed. This is referred to as the “duty of care.”

However, sometimes critical maintenance and vehicle upkeep can be overlooked. When this happens, it can easily lead to issues down the road and people can get hurt as a result.

You may think this is a rare occurrence that isn’t worth mentioning, but unfortunately, it happens all the time.

Federal Regulations for Commercial Truck Maintenance

According to the Federal Motor Carrier Safety Administration (FMCSA), 49 CFR §396.3 upholds the maintenance requirements for commercial trucks. The law provides that the following are regularly inspected and serviced:

  • Parts and accessories
    • Including:
      • Any parts and accessories that can impact the safety of operation
      • Frame
      • Frame assemblies
      • Suspension systems
      • Axles
      • Attaching parts
      • Wheels
      • Rims
      • Steering systems
  • Pushout windows, emergency doors, and emergency door marking lights on buses
    • Must be inspected every 90 days
  • Required records
    • Including:
      • Identification of the vehicle including:
        • Company number
        • Make
        • Serial number
        • Year
        • Tire size
        • The name of the person furnishing the vehicle if it is not owned by the motor carrier
      • A way to determine the nature and deadlines of the various inspections and maintenance to be conducted
      • Records of inspections, repairs, and maintenance denoting their date and nature
      • Records of tests performed on the following:
        • Pushout windows
        • Emergency doors
        • Emergency door marking lights on buses
  • Record retention
    • The required records should be saved in the location where the vehicle is housed or maintained for at least one year
    • If the vehicle leaves the motor carrier’s control, the required records should be kept for at least six months

When Truck Maintenance Is Neglected, Motorists May Suffer

The federal trucking service regulations are put in place for a reason. The main purpose is so that all road users can stay safe without fear of getting into a crash as a result of malfunctions on commercial trucks.

When truck drivers and the companies they work for fail to uphold the duty of care in which they are obligated to, people can get injured as a result. If that happens, the negligent parties must be held accountable for their wrongdoing.

If you’ve been injured in an accident involving a truck as a result of failed maintenance, you may be owed compensation. We want to see that you are paid what you deserve.

Contact Christie Bell & Marshall today with the details of your case by calling 317-488-5500 or filling out our online contact form to learn more about how we can help.

Call 317-488-5500 or complete a Free Case Evaluation form

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    Attorney Lee Christie

    Lee Christie is a partner with Christie Bell & Marshall and a lifelong Indiana resident. He has trial experience in both federal and state court and is a frequent lecturer on personal injury.

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