Proper maintenance, inspection, and repair of commercial trucks are vital to ensuring the safety of truckers and all those who share the road with them. An improperly maintained truck is at an elevated risk of breaking down and causing an accident and, as the data shows, truck accidents cause thousands of deaths annually… usually to someone other than the trucker. If you have lost a loved one in a commercial truck crash, the civil court system may allow you to seek justice through a liability action against one or more parties. An experienced Oregon truck accident lawyer can help you look at your circumstances, assess your options, and choose the best path forward.
Truck maintenance was a potential issue in a recent multi-vehicle crash in Lane County. The operator of a Kenworth log truck experienced a “catastrophic engine failure” as he passed through the Knowles Creek Tunnel along Highway 126. The trucker cautiously passed through the tunnel and brought his vehicle to a stop along the side of the highway’s westbound lane. Unfortunately, the trucker’s broken engine had left behind a “200-yard-long” oil spill.
A westbound driver behind the truck hit the oil slick then hit the truck, but managed to move off the highway. The next westbound driver, however, slid not into the log truck but into the oncoming lane. That vehicle and an eastbound Chevrolet HHR slammed head-on. The driver of the Chevrolet died at the scene. The other driver suffered serious injuries.
While driver error or other forms of trucker negligence are among the most common causes of truck accidents, some truck accidents involve situations where the commercial driver did nothing wrong. The blame for these crashes lies not with the trucker but with the truck itself.
The Rules of Inspection of Commercial Trucks
Many kinds of truck maintenance failures can cause accidents. Commercial trucks log many tens and hundreds of thousands of miles, undergoing extensive wear and tear. Federal trucking regulations that cover truck maintenance and repair require pre-trip and post-trip inspections. In post-trip reports, drivers must flag any problems with the truck that could impair the vehicle’s ability to function safely. After the trucker raises that issue, the carrier must address the problem and ensure the truck is safe to re-enter the roads.
Tire blowouts and brake failures are some of the most common incidents that occur when a truck is inadequately inspected or insufficiently repaired, but as this Lane County crash illustrates, they are far from the only risks.
Too often, these crashes are result fromrucker or a trucking company cutting corners. They may result from a trucker doing a sub-standard job inspecting his/her truck or a trucking company using cheap parts that turn out to be defective.
Getting justice is a process made up of numerous steps. One of the most critical ones will be the accumulation of evidence. This includes performing a timely and thorough crash scene investigation, obtaining the truck’s “black box” data recorder, and completing an in-depth examination of all the records documenting the inspection, maintenance, and repair of the truck. This process can entail depositions, requests for admissions, requests for the production of documents, and sometimes asking for subpoenas from the court. All of these steps are made more efficient and more effective when carried out by a legal team that is experienced and knowledgeable in pursuing these cases.
Once your attorney has this information, they can better advise you regarding who was liable for the crash. This may include the trucker, the trucking company, third-party vendors or service providers… or all of the above.
If your family has experienced this sort of loss, the knowledgeable Oregon truck accident attorneys at Kaplan Law LLC are here and ready to help. Our team strives diligently to provide each client with highly personalized and highly powerful advocacy in the pursuit of justice. To learn more, call (503) 226-3844 today or contact us online to set up your free consultation.