The Legal Implications of Trucking Company Maintenance Records

With easy access to busy ports like Laredo via I-35, San Antonio, Texas, traffic consists of many commercial vehicles. Large trucks present hazards to motorists in the city, resulting in an alarmingly high number of accidents involving commercial trucks. San Antonio’s Bexar County saw over 2,400 commercial vehicle crashes in 2023, taking 14 lives and seriously injuring 35.

The size and weight of a semi can cause significant damage to smaller vehicles in even relatively minor accidents. The San Antonio attorneys at Carabin Shaw see the consequences firsthand as we help injured victims collect records and evidence that hold responsible parties accountable. If you are injured in one of these crashes, call our team for a free consultation in English or Spanish. We are available 24/7 at 800-862-1260.

The Federal Motor Carrier Safety Administration (FMCSA) requires commercial vehicle companies to keep detailed maintenance records for every truck in their fleet. These records must be on file when the vehicle operates and six months after being taken out of service. Required records include:

• Identifying information (company number, make, serial number, year, tire size)
• Schedule of inspections, including type, due date, and maintenance performed
• Records of any inspections, repairs, and maintenance, with dates for each

Records should be kept at the location where the vehicle is housed or maintained and available as long as the truck is in service.

Commercial trucks have numerous components that must operate correctly to ensure the truck is safe on the road, such as:

• Steering
• Brakes
• Lights
• Suspension
• Signals
• Coupling devices
• Fuel lines

If any of these components malfunctions, it can lead to catastrophic consequences for the truck driver and other motorists on the road. Tragically, many accidents could have been prevented if the truck involved had been properly maintained. Maintenance records may be critical in proving liability for a crash, which impacts your ability to seek damages from responsible parties.

The significance of maintenance records after a commercial vehicle accident cannot be overstated. Unfortunately, getting them from the trucking company may be easier said than done. If an accident victim requests the records, it is unlikely that the company will simply hand them over. They may deny the request outright or keep you guessing without responding.

The statute of limitations for most personal injury cases in Texas is two years. Accident victims have a limited time to gather the evidence necessary to prove their case. Trucking accident lawyers in San Antonio TX understand the time crunch and have options at their disposal to obtain records faster, including:

• Issuing a spoliation letter legally obligates the company to preserve records
• Filing discoveries to obtain necessary documents, including maintenance records
• Issuing subpoenas to release relevant maintenance records

The process of gathering evidence is challenging without the assistance of an experienced lawyer. Once you have received medical treatment for your injuries, your next call should be to a legal team that can begin building your case immediately after the accident.

Truck maintenance records indicate whether the vehicle was in good working order at the time of the crash. They can also indicate who may be liable for your damages. The company may be liable if the trucking company failed to conduct routine inspections or promptly perform necessary repairs. The manufacturer may be at fault if the truck malfunctions due to a defect in the brakes or steering.

It’s also possible that more than one party could be responsible for your crash. For example, the vehicle may have had a defect that the trucking company failed to realize due to inspection lapses. Under Texas’s proportionate responsibility rule, you can hold all responsible parties liable to maximize damages.

Have you begun searching for qualified legal representation? We recommend calling our compassionate lawyers at Carabin Shaw. We offer our services on a contingency-fee basis, so you pay nothing upfront. Read our client reviews to see what victims like you are saying, and then call us toll-free at 800-862-1260.

For more information:

• Tx DoT
• FMCSA
• FMCSA
• Texas Statutes 33