January 21, 2021 | By Greene Broillet & Wheeler
Truck malfunctions are a common cause of truck collisions. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA), vehicle issues contribute to 10% of large truck crashes. Below, we discuss three ways to demonstrate a truck malfunction caused a collision and explain who may be held liable in this situation.
The FMCSA recently implemented electronic logging device (ELD) rules that record truckers’ miles and hours driven; these rules largely replaced manual paper entries. During an investigation, we can analyze the electronic logbooks to determine whether a truck was driven longer than it should. In addition to the violation of FMCSA hours-of-service regulations, the electronic logbooks may be able to prove that overwork of the truck led to equipment failure.
Another electronic component that can be investigated is the electronic control module (ECM). The ECM is also known as the truck’s “black box” and can provide vital information related to the truck collision, including the speed of the truck, whether the driver applied the brakes, whether the brakes functioned properly, and more.
Trucking companies are required by the FMSCA to keep thorough records of any maintenance applied to the trucks in their fleets. Maintenance logs such as these can provide insight into when a particular truck was serviced and the services it received. If a trucking company did not provide maintenance to a truck as frequently as required, this could be used as evidence that the trucking company failed to keep its trucks in safe working condition.
Witness testimony can be valuable during a collision investigation. It may be possible that a witness to the truck collision will be able to testify that they noticed the truck had a flat tire, a poorly connected trailer, or some other vehicle malfunction that contributed to the collision.
If you or someone you love has been injured in a truck collision, our Los Angeles trial attorneys are here to help. We have the experience and resources needed to take on large trucking companies and their insurers, and we can help you recover the compensation you deserve.
Call Greene Broillet & Wheeler, LLP at (866) 634-4525 to schedule a free consultation.