Federal Motor Carrier Safety Administration (FMCSA) regulation § 396.3* covering the inspection, repair and maintenance of commercial trucks on American roads and highways states:
Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories, which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.
The regulations are also clear about the truck company’s responsibility for keeping accurate records:
These records must include:
- A means to indicate the nature and due date of the various inspection and maintenance operations to be performed
- A record of inspection, repairs and maintenance indicating their date and nature
- The records … shall be retained where the vehicle is either housed or maintained for a period of one year and for six months after the motor vehicle leaves the motor carrier’s control.
Although these regulations seem clear enough to read and understand, truck companies often violate the various provisions of the law, often leading to preventable truck accidents. It is often the case following a truck accident that the company will ignore their responsibilities regarding maintaining maintenance records and will destroy the evidence if they can keep them out of the hands of injured parties for the required one-year period.
If you have suffered an injury or lost a loved one in a truck accident in Connecticut, it is important to talk to an experienced truck accident litigation attorney before you talk to the truck company or insurance adjuster about a settlement. Schedule a free consultation with an attorney at Wocl Leydon at our Bridgeport or Stamford office. We will act quickly to investigate the case and subpoena maintenance records to determine whether a violation of maintenance and repair regulations may have contributed to the accident.
We aggressively fight to protect your rights. Although many legal claims stemming from truck wrecks and other motor vehicle accidents are settled through negotiation, we are always prepared to take our cases to trial if this is the only way we can fully protect our clients’ best interests. As experienced trial attorneys, we provide exceptional courtroom representation.
From our offices in Stamford and Bridgeport, our truck accident lawyers represent clients in catastrophic injury litigation cases throughout Connecticut. Call us at 203.517.0456 or contact us by e-mail to arrange a free consultation with one of our experienced Stamford truck accident attorneys today.