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When a large commercial truck weighing up to 80,000 pounds crashes into a passenger vehicle, the results are often serious.
In the aftermath, maintenance records play an important but often overlooked role that can greatly affect any legal case. These documents show the truck’s condition before the accident and can reveal if negligence was involved.
Keeping accurate maintenance records is not only good business but also legally required.
If trucking companies skip maintenance or falsify records, these documents can expose their negligence. Likewise, missing or incomplete records may suggest something was hidden, which can hurt their case in court.
What Are Truck Maintenance Records?
Truck maintenance records encompass a wide range of documentation that tracks the care and condition of commercial vehicles. These include:
- Scheduled inspection reports
- Repair orders
- Parts replacement logs
- Driver vehicle inspection reports (DVIRs)
Federal regulations require trucking companies and maintenance providers to keep detailed files for each vehicle for at least 12 months while in service and 6 months afterward. These records must document all inspections, repairs, and maintenance activities.
Companies must follow specific maintenance schedules outlined in federal regulations.
Commercial trucks require regular inspections of critical safety components like brakes, tires, coupling devices, and emergency equipment.
Drivers must also conduct daily pre-trip and post-trip inspections, noting any defects that could affect safe operation.
Why Maintenance Records Matter in Truck Accident Lawsuits
Maintenance records are important in truck accident lawsuits because they show whether a trucking company focused on safety or cutting costs.
For example, if brake failure caused a crash, maintenance records can prove if the company regularly checked and fixed the brakes. If the records show problems were reported but not repaired, this proves negligence.
Common issues like worn tires, steering failures, broken lights, and faulty trailer connections often cause serious accidents and could have been prevented with proper maintenance.
These records also challenge defense claims that accidents were caused by sudden mechanical failures by showing that known problems were ignored or inspections were missed.
How Attorneys Use Maintenance Records to Build a Strong Case
Experienced truck accident attorneys immediately secure maintenance records before they can be altered or destroyed. This typically begins with sending preservation letters that legally require trucking companies to maintain all relevant documentation.
Once obtained, lawyers work with mechanical experts who know what to look for in these technical documents.
These specialists identify patterns of neglect, falsified information, or instances where problems were reported but never addressed. They transform complex mechanical data into compelling evidence that judges and juries understand.
Attorneys also cross-reference maintenance records with driver logs, GPS data, and electronic control module information. This approach reveals inconsistencies that might indicate falsified records or attempts to hide maintenance failures.
For example, if repair records say a truck was in the shop on a certain day but driver logs show it was driving, this difference raises big questions about the company’s practices.
Challenges in Accessing Maintenance Records
Accessing truck maintenance records can be surprisingly challenging for a number of reasons. Here are some of the key challenges:
“Lost” or Destroyed Records
Trucking companies sometimes say important maintenance records are missing when a legal case starts. They might claim the records were lost during office moves, destroyed in cleanups, or never existed.
While this can be true, these claims often seem suspicious and happen right when accident investigations begin.
Incomplete or Altered Documentation
When records do show up, they might be incomplete or look changed. A company could give maintenance logs with missing parts around key dates for your case.
Experts need to carefully check these partial records for inconsistencies in how they were written or documented. Sometimes, what is left out is more important than what is included.
Deliberate Delays in Production
Some trucking companies use delays to slow down the legal process, hoping you will give up or accept a low settlement. They know accident victims often have medical bills and lost income that cause financial stress.
These delays take advantage of your situation and give the company time to prepare their defense or change records.
Digital Records Manipulation
As paper records are replaced by electronic ones, it becomes harder to verify if the records are real. Digital maintenance logs can be changed without clear signs unless experts use special IT methods.
Companies might change timestamps, add fake entries, or delete important warnings from before the accident. Because of this, it is very important to save electronic records early in your case.
Shell Company Complications
Modern trucking companies often have many related businesses under one parent company. This can make it hard to figure out which one keeps the important records.
When asked, each business might say another is in charge of the records, causing a confusing cycle of denials and delays that slows down the investigation.
To counter these tactics, attorneys use legal tools like court-ordered subpoenas and formal discovery requests that compel companies to produce documentation.
Judges can impose significant penalties against companies that fail to preserve or produce maintenance records as required.
Impact of Maintenance Records on Settlement and Trial Outcomes
The quality and completeness of maintenance records often have a big impact on the outcome of a case.
In some situations, poor or missing records have led to large settlements because they showed important repairs were delayed or ignored before serious accidents.
Missing records or suspicious gaps in documentation can also severely damage a defense. Judges may let juries believe the missing records would have been bad for the company, so not having records can be strong proof against them.
Insurance adjusters are well aware of the power these records hold. When faced with clear evidence of neglected repairs or skipped inspections, they often increase settlement offers to avoid the risk of a jury seeing such damaging proof.
What You Should Do After a Truck Accident Regarding Maintenance Records
After a truck accident that causes injury or major damage, getting and understanding the truck’s maintenance records is very important for your claim. Here’s what you should do:
Document the Scene Thoroughly
Right after a truck accident, your smartphone is your best tool to gather evidence. Take pictures of any visible problems like bald tires, broken lights, or leaks that show poor maintenance. These photos help later when looking at maintenance records.
Take many pictures from different angles. It’s better to have more than less.
Hire a Specialized Attorney Quickly
Hiring a lawyer who knows truck accidents can greatly improve your case. They understand the special maintenance rules for trucks and know which records to get.
Experienced attorneys can spot issues that other lawyers might miss and explain how maintenance records can strengthen your claim.
If you need a Boston Truck Accident Lawyer, DiBella Law Injury and Accident Lawyers can help. They provide free consultations and work on a contingency fee basis to support your case.
Request Preservation of Evidence Immediately
The clock starts ticking immediately after an accident. Your attorney should send formal preservation notices within days to prevent records from disappearing.
These legal documents create an obligation to maintain all relevant maintenance history and electronic data.
Quick action here prevents the all-too-common situation where critical records vanish before they can be examined by your team.
Consider an Independent Inspection
If possible, have an independent mechanic check the truck before any repairs. This unbiased check can find maintenance problems that are easy to miss.
Many lawyers work with experts who know what to look for in commercial trucks. Their reports often challenge the company’s maintenance claims.
Final Thoughts
Maintenance records are often key to proving negligence in truck accident cases. They show if a trucking company kept its vehicles safe and properly maintained.
For accident victims, knowing how important these records are can mean the difference between fair compensation and a rejected claim.
Because these cases can be complex, working with an experienced truck accident lawyer is very important.
If you were hurt in a truck accident, don’t wait to get a lawyer. A lawyer experienced with truck cases can quickly protect and review important maintenance records to help you get the compensation you deserve.