The Role of Truck Maintenance Records in Injury Claims
When a truck accident leads to serious injuries, this is not solely due to driver error. What happened (or didn’t happen) in the maintenance bay weeks or even months before the crash can tell a more complete story of what contributed to the crash. Worn brakes, bald tires, and faulty lights are all preventable failures, but a lack of maintenance can cause a commercial truck to present a hazard on the road.
Federal laws require trucking companies to document their upkeep in detail, and the South Carolina Code has adopted these standards. If you believe that your truck accident was caused by a failure to perform routine maintenance, do not hesitate to contact our Charleston truck accident lawyers at The Law Office of Mark C. Tanenbaum, P.A., today.
Why Maintenance Records Matter
Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain detailed records of vehicle inspections, repairs, and maintenance schedules. When a truck accident causes injuries, these records can reveal whether mechanical failure, whether it be a brake malfunction, tire blowout, steering defect, or lighting failure, contributed to the crash. Whether the crash was foreseeable or preventable is a key question in the claim; one that maintenance records, combined with expert analysis, can help answer.
What Maintenance & Inspection Reports Typically Show
A commercial truck’s maintenance and inspection reports document a vehicle’s upkeep, repairs, and the vehicle’s legal compliance for road operation.
- Pre-trip and post-trip roadside inspection reports: Drivers are required to complete these daily, noting the truck’s operation safety status, any identified defects, and acknowledging and certifying that required repairs were made. A post-trip inspection report must cover a certain list of parts and accessories, as required by the FMCSA.
- Repair and service history: These logs detail what was repaired, when, and by whom.
- Preventive maintenance schedules: A structured calendar that tells a maintenance crew when to inspect, service, or replace parts.
- Parts and component records: These records show the age and condition of brakes, tires, lights, and other parts, as well as the predicted lifespan of each part.
- Out-of-service violations: Citations issued by a DOT inspector for mechanical issues.
How Maintenance Records are Used in a Personal Injury Claim
Establishing Negligence
If records show a known defect (e.g., a driver flagged a worn brake) that went unaddressed before a crash, this can support a claim for negligent maintenance against the carrier.
Pattern of Neglect
A history of deferred repairs or skipped inspections can suggest system negligence, not just a one-time misstep.
Third-Party Liability
Sometimes maintenance records point to a maintenance contractor or parts manufacturer rather than the carrier itself, causing liability to shift entirely or to be shared.
Punitive Damages
Cases in which the at-fault party acted with extreme misconduct or reckless disregard for others’ safety may warrant a punitive damage award. Maintenance records can support claims for punitive damages, although the burden of proof is higher than for compensatory damages, known as clear and convincing evidence.
Access & Preservation Issues
Since maintenance records can be so damaging, carriers sometimes fail to keep them intact. Bearing this in mind, personal injury lawyers will send a spoliation letter to notify a party of potential litigation and to request that they not alter or destroy evidence. Although FMCSA requires certain records to be kept for specific periods (with driver inspection reports required for 3 months), timing matters. Even after a spoliation letter is sent, these maintenance logs and inspection reports are not always voluntarily produced, requiring the strategic issuance of formal discovery requests and subpoenas. At The Law Office of Mark C. Tanenbaum, P.A., we identify any time-sensitive information in a truck accident claim to ensure that appropriate measures are taken to guarantee its preservation.
Injured? Speak with Our Charleston Truck Accident Lawyers
Maintenance records don’t remain available forever, and critical evidence can sometimes vanish once a lawsuit becomes likely. If you or a loved one suffered an injury in a truck accident, don’t wait to find out what those records might show. At The Law Office of Mark C. Tanenbaum, P.A., our team will request maintenance records and work with experts to determine if negligence was at play. To arrange your free consultation with one of our Charleston truck accident attorneys, contact us online or by calling (843) 577-5100 as soon as possible.