Commercial trucks have sophisticated data recording mechanisms, braking systems, and engines. However, they must be inspected and maintained regularly for optimal performance, safety, and mechanical defects. Pre-trip inspections are essential for ensuring the truck and trailer are safe to operate before a driver hits the open road and preventing significant accidents.
Safety checks are not only a good idea but also mandatory. Federal regulations require drivers to perform thorough pre-trip inspections and fix any issues before operating a commercial vehicle. Failure to fulfill these pre-trip inspections can lead to catastrophic accidents and potential legal action.
At Rizk Law, our personal injury attorneys have the knowledge and resources to investigate traumatic collisions with commercial trucks, determine truck accident liability, and help victims pursue meaningful compensation. An unexpected injury caused by a careless truck driver shouldn’t lead to financial devastation. Contact our office today for a free case review to find out how we can help.
Understanding FMCSA & DOT Pre-Trip Inspection Rules
The Federal Motor Carrier Safety Administration (FMCSA) oversees commercial trucking safety regulations, ensuring that America’s roadways remain safe for every motorist. The government agency requires all commercial truck drivers to conduct a pre-trip safety inspection before driving. It also requires periodic inspections at least once a year. Before starting a trip, the driver must make sure the vehicle is in good repair and safe for operation.
A driver vehicle inspection report (DVIR) indicates any deficiencies or issues the driver finds. The driver must then review and sign the report at the end of each workday. This acknowledges that they inspected the vehicle and certifies that the driver or a qualified professional fixed the required repairs or maintenance issues. The FMCSA also dictates that the motor carrier or trucking company keep records of these pre-trip commercial vehicle safety inspections for at least 3 months. Periodic inspection reports must be kept for 14 months.
Drivers and trucking companies who don’t follow FMCSA pre-trip regulations face steep fines and penalties. These penalties increase for repeat violators or when severe safety concerns are not addressed or corrected.
The Oregon Department of Transportation (ODOT) has similar vehicle inspection rules when applying for a commercial driver’s license (CDL). Individuals seeking a CDL must pass pre-trip inspection skills tests that require them to check lights and reflectors, inspect a commercial truck’s engine compartment, examine the truck’s and trailer’s exterior, and perform an in-cab inspection, among other tasks. ODOT also requires all motor carriers in the state to follow the FMCSA’s regulations for pre-trip and periodic inspections.
Essential Truck Driver Inspection Checklist
Commercial vehicles contain several moving parts that must be in good working order for a truck to function safely. Drivers are responsible for following a detailed pre-trip inspection checklist that helps them keep track of all vital mechanical components. Commercial truck drivers are required to carefully inspect all parts and components that could potentially affect the safety of the vehicle, including:
- Brakes, including parking/hand brakes
- Steering mechanisms
- Lights
- Reflectors
- Horn
- Tires
- Windshield wipers
- Mirrors
- Coupling devices
- Cargo
- Wheels and rims
- Emergency equipment
The driver must also complete and sign a report acknowledging that they did the pre-trip inspection. The report must include details of their findings and remedies for addressing safety issues. They must complete a separate report for each vehicle they operate in a day.
Common Truck Inspection Violations & Legal Consequences
The most common pre-trip inspection violation is drivers failing to inspect. All drivers must carry out a pre-trip inspection. Drivers who are on a tight deadline, fatigued, or otherwise careless might skip conducting a pre-trip inspection entirely, endangering the lives of everyone they share the road with. Another common violation is falsifying, tampering with, or destroying pre-inspection reports.
These issues can lead to penalties, most often fines for the driver or the trucking company. Repeat violators face steeper fines and penalties. Failing to comply with inspection report requirements can lead to daily fines of over $1,500. Falsifying or destroying records can result in fines of over $15,000. Other consequences like loss of revenue, driver’s license issues, and out-of-service orders are possible.
There are also potential legal consequences involved for not conducting pre-trip inspections. Skipping inspections can increase a driver’s liability if an accident occurs. Consider the following: a truck driver skips a pre-trip inspection because they are in a hurry to get on the road. They miss a critical issue that causes a collision, injuring another driver. The at-fault truck driver or trucking company can be responsible for compensating the accident victims for their injuries, which may be significant since trucks can cause catastrophic damage to smaller passenger vehicles.
How Poor Inspections Contribute to Truck Accidents
It’s essential to conduct pre-trip inspections to look for safety issues and potential defects that can impact the vehicle’s safe operation. Faulty brakes can prevent a driver from slowing or stopping their vehicle. Malfunctioning lights mean a driver can’t communicate turns and other vital information to other motorists. These issues may seem minor, but they can contribute to devastating commercial truck accidents.
In one recent year, Oregon recorded nearly 2,000 accidents involving large trucks, over 60 of which were fatal. While initial errors point to speed, tailgating, fatigue, and improper turns, a complete investigation into the cause of the crash can determine whether a pre-trip inspection should have caught the issue that ultimately resulted in the truck accident.
Trucking company liability for accidents rests on evidence. However, evidence such as safety reports and black box data is trucking company property and difficult to access without aggressive legal intervention. Trucking companies rarely want to hand over evidence showing they or their drivers are responsible for causing an accident, making them liable for compensating accident victims for their extensive injuries. Plus, they only have to keep pre-inspection reports for 3 months, so you have to act fast.
That’s where the help of a Portland truck accident attorney becomes vital. An experienced attorney has the experience and tools necessary to thoroughly investigate a truck accident’s cause. This investigation includes collecting and preserving pre-trip safety reports that may be key to uncovering liability.
What to Do After a Truck Accident Due to Inspection Negligence
Determining whether a truck accident was caused by pre-trip inspection negligence in the initial aftermath can be challenging. It takes a dedicated and complete investigation to determine whether pre-trip rule violations contributed to a crash. However, you can take some proactive steps to protect your rights and put yourself in the best position to uncover whether inspection negligence played a role.
After a truck wreck in Portland, you should:
- Always contact the authorities and emergency services after a commercial truck accident.
- Commercial trucks can cause devastating injuries. Seek medical attention as soon as possible.
- Exchange information with all involved parties. Avoid apologizing or commenting on the cause of the incident.
- Document the scene as thoroughly as possible by taking pictures and videos of the damage to both vehicles, any debris, and the surrounding area.
- If witnesses are nearby, ask for a brief description of what they saw and their contact information.
- Consult an experienced truck accident attorney for more information about your legal rights and options as soon as possible.
- Avoid posting online while your attorney manages your case. The opposing side looks for any information that could jeopardize your truck accident claim.
- Keep detailed records of your medical bills and other accident-related expenses.
- Stick to your doctor’s treatment plan, and do not give the other side any reason to question your injuries.
Trucking companies move quickly to protect themselves. The moment a driver is in a crash, teams are already assessing the situation, and you may be losing valuable time. You should retain a knowledgeable truck accident attorney immediately, before crucial reports can be lost or destroyed.
A knowledgeable Portland truck accident lawyer can protect your rights and uncover whether mechanical or inspection failures contributed to the collision and your injuries. When necessary, an attorney can gather and preserve evidence using legal means to compel the trucking company to save and hand over vital evidence. They can also manage all communication between you and other liable parties and negotiate for maximum compensation on your behalf. The time to seek legal help is now.
Contact Our Portland, Oregon Truck Accident Lawyers
At Rizk Law, nothing matters more to us than the health and safety of our clients. Our team understands the immediate medical and financial needs of the people we serve. We know that means results matter, like the $900,000 we recovered for an accident victim who was T-boned by a commercial delivery truck. Our positive client reviews also go a long way in showing our commitment and dedication to providing high-quality and responsive legal representation, such as this one:
“The team of attorneys and staff at Rizk Law are sharp, caring, & extremely effective of executing successful strategies for personal injury cases. Their work speaks for itself.”
A truck accident can cause devastating losses and trauma. You have the right to pursue maximum compensation for your injuries and hold negligent drivers and trucking companies accountable for their actions. Contact Rizk Law today for a free consultation to learn more about your legal options.