Lack of Inspection Accident Info

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Lack of Inspection truck accidents attorneys in California

Code of Federal Regulations (CFR) § 396.3(a) establishes that every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain all motor vehicles and intermodal equipment subject to its control. The Basic Inspection of Terminals (BIT) Program has been conducted by the California Highway Patrol (CHP) since 1965 to determine if motor carriers are complying with federal regulations.

When a trucking company or truck driver fails to perform a necessary inspection, it often leads to some kind of vehicle malfunction or issue that causes a traffic accident. The companies that failed to perform the necessary inspections can then be held liable for damages.

California Lack of Inspection Truck Accident Lawyer

Did you suffer serious injuries or was your loved one killed in a truck accident in California caused by failure to inspect the vehicle? Do not wait to get yourself legal representation for assistance holding the negligent party accountable.

The May Firm will represent you on a contingency fee basis so legal fees will only be assessed when you receive a monetary award. Our firm can explore all of your legal options with you when you call (844) 629-3476 or contact us online to set up a free consultation.

Types of Injuries Caused by Lack of Truck Inspection

Commercial trucks that have not been inspected as required will frequently be involved in a variety of accidents. Injuries that people may suffer in these accidents could include, but are not limited to:

  • Fractures
  • Sprains
  • Neck injuries
  • Lacerations
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Internal organ injuries
  • Muscle strains
  • Paralysis

A person may very well die from the injuries they sustain in a commercial truck accident. When the crash was caused by a failure to inspect the truck, the family could be entitled to compensation through a wrongful death lawsuit.

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Federal Inspection Requirements

CFR § 396.3(a)(1) states that parts and accessories must be in safe and proper operating condition at all times, and the parts and accessories include those specified in Part 393. The parts specified in Part 393 of Title 49 of the CFR include:

  • Lamps, reflective devices, and electrical wiring
  • Required brake systems
  • Parking brake system
  • Breakaway and emergency braking
  • Antilock brake systems
  • Glazing and window construction
  • All fuel systems
  • Liquid fuel tanks
  • Compressed natural gas fuel containers
  • Liquefied petroleum gas systems
  • Coupling devices and towing methods
  • Tires
  • Sleeper berths
  • Heaters
  • Windshield wiping and washing systems
  • Windshield defrosting and defogging systems
  • Rear-vision mirrors
  • Horn
  • Speedometer
  • Exhaust systems
  • Floors
  • Rear impact guards and rear end protection
  • Warning flags on projecting loads
  • Television receivers
  • Emergency equipment on all power units

Under CFR § 396.3(a)(2), pushout windows, emergency doors, and emergency door marking lights in buses must be inspected every 90 days at a minimum. CFR § 396.3(b) establishes that motor carriers must maintain records for each motor vehicle they control for 30 consecutive days, and the records must include:

  • An identification of the vehicle including company number, make, serial number, year, and tire size. When a vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle;
  • A means to indicate the nature and due date of the various inspection and maintenance operations to be performed;
  • A record of inspection, repairs, and maintenance indicating their date and nature; and
  • A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.

CFR § 396.3(c) requires records to be retained where the vehicle is either housed or maintained for one year and for six months after the motor vehicle leaves the motor carrier’s control. Every special agent of the Federal Motor Carrier Safety Administration (FMCSA) is authorized under CFR § 396.9(a) to enter upon and perform inspections of a motor carrier’s vehicles in operation and intermodal equipment in operation.

Contact a Lack of Inspection Truck Accident Attorney in California

If you sustained catastrophic injuries or your loved one was killed in a truck accident in California caused by failure to inspect the truck, you cannot afford to wait to seek legal representation. Time is of the essence and you only have a limited amount of time to take legal action.

You can contact the May Firm 24 hours a day, seven days a week. Call (844) 629-3476 or contact us online right now to take advantage of a free consultation.

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