Maison Law can help you through the claims process when you’re injured in an accident with a large truck in California. While the damage that comes with these accidents are really what separates them from regular accidents, it’s often the behind-the-scenes maintenance and inspections that frequently end up being the underlying cause. That’s why there are safety laws in place that require regular maintenance and inspections of trucks. Still, accidents happen, and when they do, we’ll be there to help. Set up a free consultation today.
What CVC § 34505.5 Says About Inspections and Maintenance For Trucks
When something as large and as heavy as a big rig truck is out on the road, you would like to think that the people in charge of its operation would be doing everything they can to make sure it’s safe. Not just for the driver, but for everyone else on the road. That’s exactly what CVC § 34505.5 is designed to do. It says that:
- Trucking companies must have their vehicles inspected at least once every 90 days, or more often if needed to keep them safe.
These inspections aren’t just a quick look at the truck. They have to cover several important parts, including:
- The inspection must check brake adjustment, brake components, and leaks in the braking system.
- Steering and suspension. These systems need to be checked to make sure the truck can steer and handle the road properly.
- Tires and wheels. Problems with tires or wheels can affect how well the truck handles and stops.
- Vehicle connections. The parts connecting a truck to a trailer or another vehicle must also be inspected.
Further, the law also says that defects found during these inspections must be fixed before the truck can be driven on the highway, except when it’s being taken to a garage to have the repairs done. Lastly, an authorized representative for the trucking company has to confirm that these checks are completed. These requirements are easy enough to understand, and it’s equally easy to see how not following them can lead to an accident. The question then becomes, how can you show that maintenance failure is what led to your accident?
Information That Can Uncover Maintenance Failure After a Truck Accident
In the immediate aftermath of a truck accident, you’re probably not going to know that a lack of maintenance or inspections played a part in what happened. But that doesn’t mean that you can’t find information that can tell the real story. To do that, you usually need to look at things like:
- Maintenance records. These can help show whether the truck was being taken care of or if problems were coming up and not getting fixed.
- Inspection records. CVC § 34505.5 requires certain trucks to be inspected at least every 90 days. These records can show whether those inspections happened and whether anyone flagged a problem.
- Repair records. If something was wrong with the brakes, tires, steering, or another important part, you’ll want to know whether the company actually fixed it before putting the truck back on the road.
- Witness statements. Drivers, mechanics, or anyone else who saw the truck before or after the crash may have noticed a problem or heard concerns about its condition.
- Expert analysis. Sometimes, it takes someone who understands how trucks work to figure out what went wrong. An expert can look at the truck, damaged parts, and available records to help establish whether poor maintenance played a part in the accident.
Of course, this is only one part of the picture. You’ll also need information to show what you’ve been left with as a result of the trucking company’s lack of maintenance. You can do that by providing things like:
- Your medical records and bills
- The police accident report
- Pictures/videos of the scene, damage to your vehicle, and any information about the truck
- Nearby traffic camera footage or dashcam footage
The difficult part is that much of the maintenance and inspection history is in the trucking company’s hands. And if they’re facing an injury claim, they likely won’t be keen to give that information up. Thankfully, our team knows how to get this information and how to use it to your advantage.
Maison Law Can Guide You Through a Truck Accident Claim in California
Being injured in a truck accident is hard enough without having to figure out whether poor maintenance played a part in what happened. And trying to figure that out all by yourself on top of everything else you’re dealing with can get overwhelming quickly. That’s why it makes sense to talk to our California truck accident lawyers at Maison Law. We can help make things easier for you by:
- Getting Inspection reports, repair records, and other information from the trucking company, then analyzing them to see whether the truck got its required inspections and whether anyone noticed problems that weren’t fixed.
- Bringing in experts that know trucks and their mechanical systems to take a closer look and help figure out what went wrong.
- Dealing with the insurance companies so you don’t have to spend your time answering questions and sorting things out while you’re trying to recover.
- Guiding you through the insurance claims process, or a lawsuit if they won’t give you a fair settlement.
At no point in the process do you need to get a lawyer, but when you’re up against a trucking company, you typically need all the help you can get. Our team will be ready to stand up for your claim and make sure you have what you need to get better. Set up a free consultation today.
