Truck Maintenance Failure San Antonio

A commercial truck can weigh up to 80,000 pounds, so a worn brake or a failed tire can turn an ordinary trip into a life-changing crash. When a truck accident happens because a driver or trucking company failed to maintain the vehicle, the injured people may have a legal claim. The Daspit Law Firm represents truck accident victims in San Antonio, Bexar County, and across South Texas.

Many of these crashes are preventable. Federal safety rules require regular inspection and upkeep, and skipping those steps puts everyone else on the road at risk. If you are dealing with medical bills, lost income, and unanswered questions, we can help you understand your options.

What Is a Failure to Maintain Truck Accident?

A failure to maintain accident happens when a truck's mechanical problem, such as bad brakes, worn tires, or broken lights, causes or contributes to a collision, and that problem could have been found and fixed through proper inspection and repair. Many people ask why a company would skip such a safety-minded step, and whether truck drivers should be held to stricter standards. In many cases, they are. Commercial carriers and drivers must follow federal and state safety rules that do not apply to ordinary drivers.

Who May Be Responsible

Depending on the facts, responsibility may fall on more than one party:

•         The truck driver, who is expected to inspect the vehicle and report defects

•         The trucking company that owns or operates the truck and sets its maintenance schedule

•         A third-party maintenance shop or parts supplier that performed poor repairs or installed faulty parts

Sorting out who is accountable takes careful investigation, and our team looks at each of these possibilities. For a broader look at how these crashes happen, see our page on truck accident causes.

Truck Maintenance Regulations

The Federal Motor Carrier Safety Administration (FMCSA) sets rules that dictate how often commercial vehicles must be inspected and what parts must be kept in working order. These rules are meant to protect truck drivers and everyone sharing the road with them.

Parts That Must Be Inspected

According to FMCSA regulations, the following must be inspected:

•         Tires

•         Steering

•         All lights, signals, and reflectors

•         Brakes, including service brakes and trailer connections

•         Windshield wipers

•         Mirrors and horn

Unfortunately, some companies and drivers overlook these requirements to stay on the road and keep operations efficient. When a poorly maintained vehicle causes a crash, it may be possible to show that the company or the driver was negligent. This is especially dangerous for people in smaller passenger vehicles. Our 18-wheeler accident page explains more about how large-truck cases are handled.

Compensation You May Be Able to Recover

If negligent maintenance caused your crash, you may be able to seek damages for:

•         Medical expenses, both current and future

•         Lost wages and reduced earning capacity

•         Physical pain and emotional suffering

•         Property damage

•         Other related costs of the accident

If a loved one died in the crash, family members may have a separate wrongful death claim. Every case is different, and results depend on the facts and the evidence.

What to Do After a Truck Accident

•         Call 911 and get medical care, even if you feel fine.

•         Photograph the vehicles, the road, and your injuries if it is safe to do so.

•         Collect contact and insurance details for everyone involved.

•         Avoid giving recorded statements to an insurance company before speaking with a lawyer.

•         Contact a truck accident attorney quickly, because trucking companies may repair or alter equipment and records over time.

In Texas, a personal injury lawsuit generally must be filed within two years of the accident (Texas Civil Practice and Remedies Code 16.003), so acting early protects your options. Texas also applies modified comparative fault, which means you generally cannot recover if you are found more than 50 percent responsible.

Why Choose The Daspit Law Firm

All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. We take your fight as far as it needs to go. Our San Antonio truck accident lawyers handle complex trucking claims with compassionate support and strong representation.

We work on a contingency fee basis, which means you do not pay unless we win your case.

Talk to a San Antonio Truck Accident Lawyer

Do not wait to get counsel. Fill out our online contact form today, and The Daspit Law Firm will talk with you about your case and what to do next. You deserve trusted, reliable legal help on your side.

Frequently Asked Questions

What does failure to maintain mean in a truck accident case?

It means a truck was not properly inspected, repaired, or kept in safe working order, and that problem caused or contributed to the crash. Brakes, tires, steering, and lights are common examples. Proving it usually involves maintenance logs, inspection reports, and expert review of the equipment.

Who can be held responsible for a poorly maintained truck?

The driver, the trucking company, or an outside repair shop or parts maker may share responsibility, depending on who was supposed to inspect, repair, or supply the part. An investigation of the records and the equipment helps show who failed in their duty.

How long do I have to file a truck accident lawsuit in Texas?

Most Texas personal injury claims must be filed within two years of the accident date. Wrongful death claims also generally carry a two-year deadline. Because evidence can disappear and deadlines can vary, it is wise to speak with a lawyer as soon as you can.

Can I still recover if I was partly at fault?

Possibly. Under Texas modified comparative fault, your recovery is reduced by your percentage of fault, and you generally cannot recover if you are more than 50 percent at fault. A lawyer can review how fault may be assigned in your situation.

How much does it cost to hire the Daspit Law Firm?

We handle truck accident cases on a contingency fee basis. You do not pay attorney fees unless we win your case. Contact us to discuss your situation and how fees and costs work.