Poor Truck Maintenance and Accident Liability
Trucking companies must systematically inspect, repair and maintain their trucks and keep records proving it. When a crash is caused by worn brakes, bad tires, faulty lights or other defects that proper maintenance would have caught, the carrier, and sometimes an outside repair shop, can be held liable.
What maintenance do trucking companies have to do?
- Systematic inspection, repair and maintenance of every vehicle they control (49 CFR 396.3).
- Driver vehicle inspection reports listing defects, which must be fixed before the vehicle runs again when they affect safety (49 CFR 396.11).
- A periodic inspection at least every 12 months (49 CFR 396.17).
How long must maintenance records be kept?
Maintenance records must be kept for one year where the vehicle is housed and for six months after the vehicle leaves the carrier's control (49 CFR 396.3(c)). Driver inspection reports only need to be kept for three months (49 CFR 396.11), so they should be requested immediately.
Who is liable for a maintenance failure?
The carrier is primarily responsible for maintaining its fleet. If maintenance was outsourced, the repair shop can be liable for faulty work. A defective part points to the manufacturer. FMCSA's published inspection history can show whether the carrier had a pattern of maintenance violations.
Frequently asked questions
Is the trucking company liable for poor maintenance?
Yes. Carriers must systematically inspect, repair and maintain their vehicles under 49 CFR 396.3, and failures that cause crashes are strong evidence of negligence.
How long do trucking companies keep maintenance records?
One year where the vehicle is housed, and six months after it leaves the carrier's control. Driver inspection reports only need to be kept for three months.
Can a repair shop be liable for a truck crash?
Yes, if the shop's faulty repair or inspection caused or contributed to the failure.
How can I see a carrier's maintenance history?
FMCSA publishes roadside inspection results and out-of-service rates by carrier. Full maintenance records can be obtained during a claim.
What maintenance failures cause the most crashes?
Brakes, tires and lighting are among the most common problems found at roadside inspections, and each can cause or worsen a crash.
Sources
- 49 CFR 396.3 – Inspection, repair and maintenance
- 49 CFR 396.11 – Driver vehicle inspection reports
- 49 CFR 396.17 – Periodic inspection