Truck Maintenance Failures and Liability in Louisiana Accidents

In this article, you can discover…

• How poor truck maintenance can contribute to dangerous truck accidents.
• The types of mechanical failures that often lead to truck accidents.
• What happens when driving logs are lost or destroyed, and how an attorney can help.

How Can Poor Truck Maintenance Contribute To Serious Commercial Truck Accidents?

Poor truck maintenance is one of the leading causes of commercial truck accidents in Louisiana. Poor maintenance can include not filling enough air in a truck’s tires or driving with old tires that lack sufficient tread. Faulty brakes, power steering malfunctions, and poor visibility from headlights are other dangerous problems that can cause accidents if not maintained or repaired properly.

What Mechanical Failures Most Commonly Lead To Truck Crashes?

Some of the most common mechanical failures that lead to truck crashes are brake malfunctions, steering system malfunctions, tire blowouts, and trailer coupling issues. Mechanical failures are usually a result of poor maintenance, and the vehicle owner is responsible for maintaining the truck inside and out.

What Types Of Evidence Help Prove That Improper Maintenance Caused A Trucking Accident?

Maintenance records and logs can be especially helpful to prove that improper maintenance caused a trucking accident. Other evidence can come from driver statements to the police.

For example, if a driver states that they applied the brakes but the truck wouldn’t slow down, this statement can lead your attorney to check maintenance logs, talk to mechanics, and learn that the driver was advised to fix a mechanical issue with the brakes. The mechanic can now be a credible witness who can testify that they advised the at-fault driver to get the brakes repaired, but they failed to do so.

What Happens If A Trucking Company Destroys Or Fails To Preserve Maintenance Records?

Part of your personal injury attorney’s investigation will be into the ownership of the vehicle. If the investigation reveals that a company owned the truck, your attorney can send a letter to that company, instructing them to preserve all maintenance records and logs.

If the company received the letter to preserve the records and then destroyed or failed to preserve them, then a legal principle known as “spoliation of evidence” comes into play.

This principle states that the court may assume that whatever records were destroyed or not maintained were damaging to the company, which will make it easier to prove fault.

Why Are Truck Maintenance Liability Cases Often So Complex, And How Can An Attorney Help?

Truck maintenance liability claims can be far more difficult to prove than a typical car wreck, and often require more evidence. Truck-related claims rely heavily on the facts of the wreck, and you will need to hire an experienced personal injury attorney to seek out, identify, and preserve key evidence quickly.

When you’re pursuing compensation from a commercial trucking company, you’re also dealing with their lawyers, who will always work to protect their driver and the trucking company from loss or liability. You will need someone on your side to speak for you, advocate for you, and protect you.

Still Have Questions? Ready To Get Started?

For more information on truck maintenance liability claims in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 298-1983 today.