Poor Commercial Truck Maintenance Can Lead to Injury and Death - DuPage County Personal Injury Attorneys | Mevorah Law Offices LLC
Button 2 Button 1 Button 3 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
Menu
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

Poor Commercial Truck Maintenance Can Lead to Injury and Death

Posted on in Personal Injury
  • Font size: Larger Smaller
  • Print

IL injury lawyerOperating an automobile on public motorways involves a lot of social compacts. Because accidents involving automobiles can inflict serious injury, and even death, all automobile operators must ensure that not only are they operating the automobile in a prudent manner, but that the automobile itself must be in a safe state. The need for regular maintenance and repair is especially important for commercial trucks. A poorly-maintained truck can cause accidents, and victims may need to engage the services of an attorney experienced in truck equipment failure accidents to recover compensation.

A horrific example of a poorly-maintained commercial truck recently occurred in the Brooklyn Borough of New York City, in which a wheel flew off a sanitation truck and killed a nearby motorist. In this particular example, Century Waste, a New Jersey company who owned the faulty commercial truck, actually failed 65 percent of the government inspections performed within the past two years. A discussion of maintenance requirements for commercial trucks, as well as some common examples of inadequate truck maintenance, will follow below.

The Federal Motor Carrier Safety Administration (FMCSA)

The FMCSA requires all commercial vehicle owners and operators to continuously inspect and maintain records for each vehicle owned by the business, including daily reports by the driver that indicate whether systems are in working order or problems were experienced. The need for frequent inspections is primarily based on the fact that commercial vehicles are driven a large number of miles annually, and consequently, maintenance must be more than periodic, as it would be in the case of a personal vehicle, which, on average is driven 12000 miles annually. The standards set forth by the FMCSA include a list of components that must receive regular maintenance, including the following:

  • Tires;
  • Wheels;
  • The suspension system;
  • Brakes; and
  • The exhaust and fuel systems.

If an accident involving a commercial vehicle occurs, and if an injured individual can present evidence of a violation of the FMCSA, the individual may be able to receive compensation for their losses. Further, if the business knowingly violated safety rules, injured individuals may be entitled to punitive damages. Generally speaking, improper maintenance of commercial vehicles may be proven via the legal theory of negligence, which says the driver and trucking company owe third parties a duty to operate their vehicle in a reasonable manner, including ensuring all essential components are functioning correctly. Failure to do so is a breach of this duty and can lead to damages, which are typically justified by presenting a variety of evidence to prove the existence of a duty, harm, and causation, including:

  • Inspection logs;
  • Signs of wear and tear on the various parts of the truck; and
  • Maintenance records.

Examples of Improper Maintenance

Based on the components that need regular maintenance, the following are some examples of improper and inadequate maintenance that can, unfortunately, lead to accidents:

  • The failure to replace worn tires;
  • The failure to property fill tires;
  • The failure to replace various aspects of the truck, such as brakes, suspension, and associated lubricants;
  • The failure to replace burnt out lights, including driving lights;
  • The failure to replace windshield wipers;
  • The failure to adequately secure trailers, if applicable;
  • The failure to use adequate and proper safety devices to secure loads.

Call a Lombard Truck Accident Lawyer

If you or a loved one were injured due to an accident involving a commercial truck, and you believe either the truck operator or the trucking company may be at fault, know that neither you nor your loved one should have to shoulder any cost of recovery alone. Rather, contact an attorney experienced commercial truck accidents as soon as possible. The dedicated DuPage County personal injury attorneys at the Mevorah Law Offices, LLC understand the suffering you are experiencing and will use our experience in handling commercial truck accidents to formulate a strategy which can help get you or your loved one the compensation you or they deserve. Contact our office today at 630-932-9100 for a consultation.

 

Source:

https://www.propublica.org/article/century-waste-sanitation-garbage-truck-collection-safety-record

 

Latest Blog Posts

Archives

  • DuPage County Personal Injury Lawyers
  • Elite Lawyer
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted