Most truck crashes come back to the driver. After studies done by the Federal Motor Carrier Safety Administration, investigators assigned the critical reason to the truck in 55% of the crashes they reviewed, and roughly 87% of those were traced to driver error. Speeding. Inattention. Fatigue after too many hours behind the wheel.
About one in ten of those crashes traced to the vehicle itself, and they clustered in three areas: braking capacity, tire and wheel failure, and shifting cargo. Brake problems turned up as a contributing factor for close to 30% of the trucks in that study.
A driver can be blamed for plenty. Whether a brake drum got replaced on schedule usually isn’t one of those things. That answer lives in maintenance records, and it often points somewhere else entirely, such as the motor carrier, a repair shop, or the company that made the part.
Getting to the truth requires a thorough investigation with the support of an experienced truck accident attorney. Your attorney can gain access to maintenance records to determine who had their hands on the truck and who should have made any needed repairs. That can help determine who is accountable.
Common Mechanical Failures That Cause Serious Wrecks
A modern tractor-trailer is built from tens of thousands of individual components, and it only takes one defective or worn-down part to cause a crash. These are the failures that show up most often.
Brake Malfunctions
As with a car, preventing an accident with a truck is all about the brakes. Worn brake pads, air brake leaks, and overheated drums reduce stopping power. That can also trigger a total brake failure.
Tire Blowouts
Low tread depth, improper inflation, and aging rubber all raise the odds of a sudden blowout at highway speed. Many rigs carry pressure monitoring systems, but a warning light only helps if someone acts on it, and checking tires before a trip remains the driver’s job.
Steering and Suspension Issues
Broken tie rods, power steering fluid leaks, and worn wheel bearings can all contribute to making a truck’s directional control difficult or impossible.
Trailer Coupling Detachments
Failures in the fifth wheel, kingpins, or safety hitches can cause heavy trailers to disconnect completely from the cab. This might also be triggered by cargo that doesn’t follow the Federal Motor Carrier Safety Administration (FMCSA) cargo securement rules.
Lighting and Electrical Defects
Broken turn signals, taillights, or reflectors hide a semi-rig’s position in low-visibility or nighttime conditions.
Once the mechanical issues are properly identified, you and your attorney will be able to focus on who should be held liable for that malfunction.
Federal Regulations for Commercial Vehicle Inspections
In addition to setting the hours of service and cargo security requirements, the FMCSA also issues regulations about inspections for commercial vehicles. Each rig must pass a comprehensive safety inspection at least once every 12 months. The scope of the inspection covers critical safety items such as:
- Brakes
- Steering
- Lights
- Tires
- Coupling devices
These inspections must also be conducted by individuals who meet federal qualification and training standards. Failure to meet those requirements could result in the trucking company that hired the inspector being held partially liable for the accident.
Vehicle inspections are not just the responsibility of the trucking company. Drivers carry their own inspection duties:
- Pre-Trip Inspections: A driver must be satisfied the truck is in safe operating condition before starting a trip.
- Post-Trip Reports: At the end of each day’s work, a driver who finds or is told about a defect must record it in a Driver Vehicle Inspection Report (DVIR). Since a 2014 rule change, property-carrying drivers no longer file a report on days when nothing is wrong, which makes the reports that do exist all the more revealing.
- Roadside Inspection Reports: A driver who receives a roadside inspection report delivers it to the motor carrier at the next terminal, or transmits it right away if that stop is more than 24 hours out. The carrier then has 15 days to certify that every violation noted has been corrected.
A post-crash investigation should always check whether those requirements were met.
Evidence Needed to Prove Negligent Truck Upkeep
If a truck accident is caused by something like a tire blowout, the obvious primary evidence would be the remains of the tire. The question then becomes how the tire got that way, and answering it takes documentation.
- Maintenance Logs: These show scheduled service against what was actually performed, along with part replacements and repairs that were put off.
- Driver Vehicle Inspection Reports: Defects a driver flagged that were never addressed are the strongest maintenance evidence there is, because they establish the company knew.
- Repair Invoices and Receipts: Purchase records for parts and outside mechanic work can reveal shortcuts, cheaper substitute components, or work that was authorized and never done.
- Federal Inspection Records: Annual inspection reports and roadside inspection forms, which carriers are required to retain, document the truck’s condition over time.
- Black Box and ECM Data: The electronic control module captures vehicle performance and brake application in the seconds before a crash.
- Post-Crash Inspection: A qualified mechanical engineer or accident reconstructionist can examine the brakes, tires, and steering assemblies and connect a failed component to the collision.
Evidence that a carrier knew about a defect and left it unrepaired does more than establish carelessness. In Mississippi, that kind of conduct can support a claim for punitive damages, though that requires clear and convincing proof of a reckless disregard for the safety of others.
Legal Steps to Take After a Mechanical Failure Accident
Trucking companies are not required to keep records forever, and some of the most valuable data has a short life. That is why your attorney may send a spoliation letter, a formal notice putting the company on notice to preserve maintenance files, inspection reports, and electronic data. If a company destroys that material after receiving one, a court can instruct the jury to assume the missing evidence would have hurt the company’s case.
Speed matters here. The letter needs to go out before a truck is repaired, resold, or returned to service.
If you were injured in a trucking accident caused by a mechanical failure, Pittman Roberts & Welsh, PLLC can help investigate what went wrong, identify potentially responsible parties, and take steps to preserve important evidence.
Contact Pittman Roberts & Welsh, PLLC to discuss your legal options.
