If a big rig with worn brakes, bald tires, or broken lights caused your crash in Galveston County, the company responsible for that truck may owe you compensation. The Daspit Law Firm investigates negligent maintenance claims and pursues carriers, owners, and repair shops that cut corners. Consultations are free, and you pay nothing unless we win.
Maintenance failures are among the most preventable truck accident causes. A brake adjustment or tire replacement costs far less than a crash. When a company skips that work to keep a truck earning money, it puts everyone on the road at risk.
Air brakes need regular adjustment and inspection. Out-of-adjustment brakes, worn linings, and leaking air lines can add many feet to a truck's stopping distance. On the Gulf Freeway, where traffic can stop suddenly near the Causeway, that extra distance often decides whether a truck stops or slams into the car ahead.
Underinflated, overloaded, or worn tires can blow out at highway speed, causing a driver to lose control or throw debris into other lanes. Recapped tires that separate are a frequent hazard on Texas highways.
Broken brake lights, turn signals, and trailer reflectors make it hard for other drivers to see a truck at night or in heavy rain. Rear-end and underride crashes often follow.
Loose steering parts, broken springs, and faulty fifth-wheel couplings can cause a truck to wander, sway, or lose its trailer entirely. Salt air and humidity on Galveston Island can speed up corrosion of these parts when trucks are not inspected often enough.
Motor carriers must follow the inspection and maintenance rules in 49 CFR Part 396. You can read the full text on the Electronic Code of Federal Regulations. In general, these rules require:
• A systematic program to inspect, repair, and maintain every vehicle the carrier controls
• Maintenance records for each vehicle, kept for a set period
• A written post-trip inspection report from the driver noting any defects
• Repair of reported safety defects before the vehicle is driven again
• A pre-trip review by the driver to confirm prior defects were fixed
• A periodic inspection at least once every 12 months
Equipment standards for brakes, lighting, tires, and coupling devices appear in 49 CFR Part 393. When inspectors find serious violations, they can place a truck out of service. A carrier that ignores these rules, or a driver who signs off on a defective truck, may be found negligent.
Maintenance duties can be split among several businesses. Part of our job is sorting out who had control of the truck and who skipped the work.
• The motor carrier operating the truck under its DOT number
• An owner-operator who maintains his own rig
• A leasing company that owns the tractor or trailer
• A third-party repair shop that did faulty or incomplete work
• A parts maker whose brake, tire, or steering component was defective
If a part failed even though it was properly maintained, the claim may shift toward the manufacturer. Our page on defective auto parts accidents explains how those claims work under Texas product liability law. To see how maintenance fits alongside fatigue, speeding, and cargo problems, read our guide to what causes truck accidents.
Maintenance cases are won with paperwork and physical evidence. After a crash, the carrier may want to repair or scrap the truck quickly. A preservation letter from your lawyer can stop that. Key evidence often includes:
• Maintenance, repair, and parts purchase records
• Driver post-trip inspection reports
• Annual inspection reports and roadside inspection history
• The truck itself, especially brakes, tires, and steering parts
• Telematics and engine data showing brake performance
• Work orders and invoices from outside repair shops
Our team may bring in a mechanical engineer or certified truck inspector to examine the vehicle and explain what failed and why.
Most truck accident lawsuits in Texas must be filed within two years under Tex. Civ. Prac. & Rem. Code §16.003. Texas proportionate responsibility rules let you recover if you are 50 percent or less at fault, with your award reduced by your share. Damages may cover medical bills, lost income, pain and mental anguish, physical impairment, and property damage.
When a company knew a truck was dangerous and sent it out anyway, Texas law may allow exemplary damages for gross negligence under §41.003, which requires clear and convincing evidence. If a maintenance failure took a loved one's life, our Galveston wrongful death attorneys can help your family.
Founding attorney John Daspit worked as an insurance defense lawyer before representing injured people. He knows how carriers try to explain away bad records, and he knows where gaps tend to hide. His years on the BP Texas City refinery explosion litigation built deep experience with technical, record-heavy cases.
• Free consultations, available 24/7
• Contingency fee: no fee unless we win
• Home and hospital visits
• Services in English and Spanish
For an overview of every step in a big rig claim, visit our main Galveston truck accident lawyer page.
The truck that hit you could be repaired or sold within days. Call (281) 748-2044 or request a free consultation so we can act before key evidence is lost.
You often cannot tell from the scene alone. Signs include skid marks that suggest weak brakes, a tire blowout, or a trailer that separated. A lawyer can obtain maintenance records, inspection reports, and the truck itself for expert review. Roadside inspection history and out-of-service orders can also show a pattern of neglect.
Yes. Under 49 CFR Part 396, motor carriers must systematically inspect, repair, and maintain their vehicles, keep maintenance records, and have each vehicle pass a periodic inspection at least once a year. Drivers must also complete written post-trip inspection reports, and reported safety defects must be fixed before the truck goes back on the road.
In some cases, yes. If a third-party shop performed brake, tire, or steering work negligently, or told the carrier a truck was safe when it was not, the shop may share liability. The contracts between the carrier and the shop, along with work orders, help show who was responsible for each repair.
That can make a case harder, which is why acting fast matters. A preservation letter warns the company to keep the truck and its records. If a company destroys evidence after it knew a claim was likely, a Texas court may impose sanctions or allow the jury to hear about the missing evidence.
Generally two years from the date of the crash under Tex. Civ. Prac. & Rem. Code §16.003, or two years from the date of death in a wrongful death case. Waiting can cost you important records and physical evidence, so it is best to talk with a lawyer as soon as possible.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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