Let’s talk now about negligent inspection, maintenance, or repair of motor carriers. The Federal Regulations, of course, as you may know, require the regular maintenance, inspection, and repair of any motor carrier. Failure to comply with these regulations may, in certain instances, result in a trucking company being held responsible for damages caused by a truck accident.
A truck company has to maintain a list of its owner, the dates and times when these inspections were required, the dates and times of when the inspections actually occurred. These inspection records and these records of maintenance must be maintained by the carrier for at least one year. Once the motor carrier, that is the truck actually leaves the company’s control, the records have to be maintained for six months.
As far as inspection, let’s say for example that a trucking company was retained to transport certain materials and they failed to do a pre-inspection of the truck and then an accident resulted. If it can be shown that the company totally missed doing the pre-inspection of that truck. Let’s say, for example, the brakes failed, then the trucking company will be held responsible financially for any damages resulted from a truck accident.
There are even instances where a previous owner of a truck can be held liable or responsible financially for damages if the previous owner failed to maintain that truck, especially if there are mechanical problems that result from the failure to maintain that truck and an accident ensues then certainly, the truck’s previous owner will be held responsible. If you have any questions about any of these matters about whether a truck was properly maintained or inspected or anything of that nature and you were involved in a serious trucking accident, please call my office at 770-792-1000.