It is an unfortunate truth that you may become involved in a truck accident due to no fault of your own. But your accident may not have been caused by the hands of a truck driver, either. This is especially pertinent if truck maintenance issues were present. Follow along to find out who is to blame for a truck maintenance issue and how a proficient Tampa truck accident lawyer at Merricks Law Group, P.A. can help you hold the correct party accountable.
Who is responsible for a truck maintenance issue?
Usually, a trucking company is to blame for a truck maintenance issue. This is because, as the owner of these trucks, they hold a duty of care in properly maintaining them. According to the Federal Motor Carrier Safety Administration, a trucking company holds the following responsibilities:
- A trucking company must carry out routine inspections and maintenance on all their trucks.
- A trucking company must not send a truck out on the road if there is an identified maintenance issue.
- A trucking company must not send a truck out on the road if a driver brings a maintenance issue to their attention.
- A trucking company must carry out a pre-trip inspection to verify that the identified maintenance issue has been repaired.
- A trucking company must keep a truck out of service if the identified maintenance issue is still present at the pre-trip inspection.
- A trucking company must direct a driver to stop driving if the maintenance issue resurfaces during a multi-day trip.
How do I hold a trucking company accountable for my accident?
If a trucking company fails to uphold the aforementioned responsibilities, and a truck accident ensues, then its owners may be held accountable through a personal injury claim. You may be able to prove the existence of a truck maintenance issue by submitting a copy of the official accident report, retaining the testimonies of expert witnesses, etc.
And even if a truck maintenance issue was not identified at the time of your accident, you may still place blame on a trucking company by making one of the following arguments:
- A truck company hired a driver with a history of traffic violations.
- A truck company did not train a driver before sending them on the road.
- A truck company scheduled a driver for more hours than the state of Florida permits (i.e., 16 hours within a 24-hour period).
As you may likely conclude yourself, you may have an important case on your hands that requires immediate action. More specifically, you may only have two years from the date of your truck accident to bring your personal injury claim forward in the state of Florida. This is why you must not hesitate in reaching out to a talented Tampa auto accident lawyer at Merricks Law Group, P.A.