The Role of Maintenance Records in Trucking Accident Lawsuits

In 2021, more than a quarter of Oklahoma truck accidents resulted in personal injuries. In many of these cases, injured victims found themselves facing hefty property losses and mounting medical expenses that were far beyond their economic means. To hopefully offset the massive scope of these losses, many trucking accident survivors opt to pursue claims against the driver or trucking company responsible for their crash.

If you’re hoping to recover damages in a truck accident case, however, you’ll have to prove that the truck driver or trucking company involved in your accident was demonstrably negligent or reckless in some way. That’s where maintenance and inspection records come in. Here’s a quick rundown of how truck maintenance records can impact truck accident claims and an explanation of what you can do to fight for accountability after an Oklahoma truck crash.

Safety regulations in the trucking industry

Large commercial trucks can do serious damage – even in minor accidents – due to their sheer size and scale. With nearly 12.5 million commercial large trucks registered in the United States, there are plenty of opportunities for Oklahoma motorists to encounter these vehicles on our interstates and other local roadways.

Because commercial trucking accidents can pose such devastating consequences, the federal government has taken steps to enhance and strengthen safety protocols for truck drivers and their employers. The Federal Motor Carrier Safety Administration (FMCSA) develops and oversees these regulations and lays the framework for safe trucking practices.

FMCSA regulations fall into a few different categories, including:

• Hours of service (HOS) limits: These rules dictate how much time drivers can spend on the road and how often they must take breaks to avoid becoming overly fatigued.
• Driver qualifications: The FMCSA establishes qualification and testing requirements for drivers and other industry professionals.
• Maintenance requirements: Trucking companies must adhere to strict maintenance and inspection requirements and maintain accurate, comprehensive records of all maintenance and inspection reports.
• Accident reporting and recordkeeping procedures: In addition to requiring up-to-date maintenance records, the FMCSA also requires trucking companies to keep accurate records of all reportable accidents for at least three years after an incident.

If a carrier fails to meet these obligations, and an accident occurs as a result, truck accident victims may be able to argue that the truck driver and/or trucking company violated their legal duty of care and should subsequently be held liable for damages.

Maintenance, inspection, and reporting requirements

We get that it might be tempting to write off most truck accidents as the result of driver fatigue, reckless driving behaviors, or even substance use, but many trucking accidents are actually caused by maintenance issues and equipment malfunctions. To counteract these problems, the FMCSA requires carriers to invest in both preventive and corrective maintenance. Inspections also play a vital role in ensuring all vehicles on the road meet the latest safety standards.

To ensure trucking companies comply with these requirements, the FMCSA also sets strict record-keeping protocols for all maintenance and inspection activities. Here is a quick overview of some of the FMCSA’s maintenance and reporting requirements:

Maintenance and inspection requirements

According to the FMCSA, all motor carriers must proactively inspect, repair, and maintain their fleets and promptly address any issues that may pose a safety hazard. To enforce these expectations, the FMCSA requires that:

• Any driver who receives a roadside inspection report must deliver it to his/her employer, and the employer must certify that all necessary repairs were made within 15 days of the inspection.
• Roadside inspection reports must be retained for at least 12 months after the inspection was performed.
• Drivers must conduct daily vehicle inspections and document any potential safety concerns.
• Every commercial vehicle must be inspected at least once every 12 months.
• For passenger carriers, pushout windows, emergency doors, and emergency door marking lights on buses must be inspected at least every 90 days.

Reporting requirements

Significant oversight is required to ensure carriers comply with the maintenance and inspection protocols outlined above. To help streamline the oversight process and enhance accountability, the FMCSA also sets forth a number of reporting and recordkeeping requirements.

Here are a few to keep in mind:

• For each vehicle in a fleet, carriers must keep identification records that include the truck’s company number, make, serial number, year, and tire size.
• Carriers must maintain records of past inspection and maintenance operations, as well as any services to be performed in the future.
• Carriers must record the results of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.
• Drivers must inspect their vehicles every day, and written driver vehicle inspection reports are required when a safety-related defect is discovered. Carriers must maintain these reports and proof of repairs for at least three months.
• Carriers must maintain annual inspection reports for at least 14 months following the inspection.

If a trucking company fails to perform any required inspections or maintenance or attempts to skirt reporting requirements in some way, they could find themselves in serious trouble with the FMCSA. In the event of a trucking accident, however, the fallout from these failures could be even more pronounced and serve as the basis for a viable personal injury or other civil claim.

How maintenance records affect truck accident claims

Remember, in order to hold another party accountable for a motor vehicle accident, you must be able to show that they violated an established legal duty of care and that said violation directly caused you harm. Sometimes, this is a relatively high bar for truck accident victims to meet. However, if you can show that a known or preventable maintenance issue caused your truck accident, you may have an easier time fighting for compensation.

Even minor technical problems can have devastating consequences in the context of a truck accident, and if you can show that a truck driver or carrier knew or should have known about a maintenance problem, you may be able to prove liability.

This is where maintenance and inspection reports become invaluable. Since FMCSA regulations require drivers and carriers to perform regular maintenance and retain detailed records of their efforts, there should be a decent paper trail to help you point to known or ignored maintenance concerns.

Additionally, if you can show that the truck driver or their employer failed to maintain adequate records of their inspection and maintenance efforts or that the carrier’s documentation was inaccurate or altered in some way, you may have the basis for an even stronger claim. In extreme cases involving reckless or intentional misconduct, courts may consider punitive damages.

How an attorney can help

Trucking companies and their insurers are often well-equipped to defend themselves in the event of an accident. They may attempt to withhold documentation or other forms of evidence, claim you caused your own accident, or offer you a low-ball settlement to “make the problem go away.” This is why it is so important to consult with an experienced trucking accident attorney after your crash.

A reliable lawyer can help you defend yourself against common insurance tactics and work with you to access the maintenance and inspection records you need to build a strong case. Under Oklahoma’s modified comparative negligence system, it’s particularly important that you avoid admitting even partial fault for a crash and allow your lawyer to do the heavy lifting when it comes to communicating with insurance companies or representatives of the court.

Your attorney can help you move quickly to send preservation requests to any drivers, carriers, inspectors, or maintenance providers involved in your case. This will protect evidence so that no records are altered, overwritten, or destroyed before you’ve had your day in court. Your lawyer can also handle the subpoena process, if necessary, and provide the hands-on support you need to pursue a favorable and fair settlement or damage award.

Final thoughts

Truck accidents are singularly dangerous and can be major sources of personal, financial, and legal distress for victims and their families. When a preventable maintenance problem or inspection oversight causes a crash, however, you may have more legal options available to you than you realize.

If you or someone you know was injured in a trucking accident, and you think shoddy maintenance or record-keeping failures may have played a role, don’t wait to reach out for help. The Cunningham & Mears team has over 100 years of combined experience fighting for victims of preventable trucking accidents, and we’d be happy to fight for you, too.

Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team, and let’s explore how our compassionate truck accident attorneys can help you find your voice and pursue the compensation you deserve.