Truck Defects: Mechanical Defects, Overloading

The term "truck defects" may bring to mind mechanical features such as brakes, transmission, lights, tires and steering systems. Certainly, faulty truck parts can cause accidents. A tire blowout or brake failure may indicate that a manufacturer or maintenance company was to blame — as well as a truck driver who failed to detect, report and correct a defect.

Federal Motor Carrier Safety Administration (FMCSA) regulations require truckers to complete daily reports on the results of inspection of equipment, including brakes, steering mechanisms, lights and reflectors, tires, horns, windshield wipers, rear-view mirrors, coupling devices, wheels, rims and emergency equipment. Examination of these daily reports after a truck accident may reveal defects that had gone uncorrected or unreported.

Other physical problems with the truck itself may also be considered defects. For example:

  • The load: Overloading or a load imbalance is variable but very much a part of what makes up the totality of the truck and its cargo. Incorrectly loaded trucks and insufficiently inspected loads often come up in investigations as likely causes of truck accidents.
  • Exterior removable or moving parts: Reflectors, pulling mechanisms and back loading door fasteners are all examples of things on a truck that can be defective and cause accidents.
  • Weather-related hazards: In snowy or rainy weather, windows and mirrors must be kept clean to ensure safe operation of a truck or any motor vehicle. On hot summer days, a truck driver must take precautions to lessen the impact of direct sunlight on his or her eyes. Was a foggy windshield or blinding sun the cause of a truck driver's error resulting in your injuries?

Lawyers at Caruso Law Offices, P.C., with years of experience in truck accident advocacy, know what to look for during investigations. We know that after an accident, the state police will call a special unit to inspect a truck, even if the accident is a relatively harmless fender bender. These inspection reports often turn out to be vital evidence of violations of state or federal laws governing tractors and trailers.

Was The Truck That Struck Your Car Unsafe To Be On The Roads?

A thorough review of all facts after a tractor-trailer accident often reveals who — or what entity — was negligent. This information then becomes a key building block for an injury claim or lawsuit. Talk to an attorney at Caruso Law Offices, P.C., in Albuquerque about how to get an investigation and review underway after your truck accident in New Mexico. Call 505-234-7837 or send an email to request a free initial consultation.