MA & RI Lawyers for Truck Accidents Resulting from Inadequate Maintenance
In most cases, when you are injured in a truck accident that wasn’t your fault, the logical assumption is that the truck driver is to blame. There are numerous ways that negligent truck drivers can cause accidents, and typically a thorough investigation will reveal that the truck driver is responsible for your injuries.
But, what if it doesn’t? What if it turns out that the truck driver was driving safely – and even did everything he or she could to try to avoid the collision? Does this mean that your case is over?
In a word: No.
Tractor trailers, 18-wheelers, and other commercial trucks are extraordinarily heavy and complex vehicles that need consistent maintenance. Due to the dangers of unmaintained trucks, trucking companies and owner-operators are required by law to keep their trucks in safe operating condition. Likewise, the garages they choose to service their trucks are required to perform maintenance work in a professional, safe, and prudent manner.
If they don’t, the consequences can be devastating.
Seeking Compensation for Accidents Caused by Inadequate Truck Maintenance
Fortunately, in both Massachusetts and Rhode Island, the law entitles injured parties to recover compensation for inadequate truck maintenance. If an investigation reveals that your truck accident was the result of inadequate or improper maintenance, The Bottaro Law Firm can pursue claims for compensation against all responsible parties on your behalf. This may include claims relating to inadequate and improper maintenance of:
- Electrical systems (including brake lights)
- Engine components
- Steering systems
- Parts, hardware, and components for securing cargo loads
The Federal Motor Carrier Safety Administration (FMCSA) requires all trucking companies to “systematically inspect, repair, and maintain” their trucks at all times. They must also ensure that all parts and accessories are “in safe and proper condition at all times.” While a violation of the FMCSA’s requirements does not necessarily establish a claim for financial compensation, if you have been injured in a truck accident caused by inadequate maintenance, the fact that the trucking company willfully or negligently failed to meet its legal obligations can be important evidence to help support your claim.
Determining Who is Responsible for Inadequate Truck Maintenance
Once an investigation reveals that inadequate maintenance was the cause of an accident, the next step is to determine which company is responsible.
Failure to Perform Necessary Maintenance
Whether due to budget constraints, oversight, or disregard, if an owner-operator or trucking company fails to adequately maintain a truck, they can be held financially responsible for any injuries and deaths that occur in subsequent truck-related accidents.
For example, if a trucking company allows a driver to make a delivery in a truck with worn tires and there is a tire blowout that leads to an accident, then the trucking company may be liable to compensate the injured individual for their injuries and losses. Similarly, if an owner-operator skips a regularly-scheduled brake service and then the brakes give out leading to a rear-end collision, the owner-operator may be responsible for the injured party’s financial compensation.
Improper or Faulty Maintenance
In other situations, it may be that the owner-operator or trucking company took the truck in for service, but then the maintenance shop made a mistake while working on the truck. If this is the case, then the maintenance shop that made the mistake may be deemed at fault in the accident. For example, if a mechanic fails to bleed a truck’s brakes or to replace a blown fuse and this leads to a sudden, unexpected, and unavoidable collision, then the shop could be found responsible for any injuries caused.
What to Do After Being Injured in a Truck Accident
As you can see, there are many possibilities when it comes to seeking financial compensation for truck accident injuries. In order to ensure that you receive the compensation you deserve, it is critical that you speak with an attorney as soon as possible. At Bottaro Law, our experienced truck accident lawyers can advise you every step of the way to make sure that you don’t do anything that could jeopardize your claim. This includes claiming fault, talking about your accident on social media, and failing to seek appropriate medical attention for your accident-related injuries.
Do You Have Questions about Your Truck Accident Claim? Contact Bottaro Law Today
Attorney Mike Bottaro and the team at The Bottaro Law Firm have decades of experience helping those injured in truck accidents seek maximum compensation for their injuries and losses. We have recovered millions of dollars for our clients, and we can make sure that you receive the compensation you deserve. To find out if you have a truck accident claim and to get free advice on what to do next, call (866) 631-4288 or schedule a free, no-obligation consultation today.