Wheel Off, Debris, and Other Mechanical Failures
Interstate 40 and Interstate 25 have a lot of 18-wheelers and big rigs on them. I-40 and I-25 are major arteries for trucking traffic. Some of the semis that share our New Mexico interstates and highways with us are properly inspected and maintained, but some are not. Some truckers and trucking companies do not follow the rules with regard to inspection of tractors and trailers and the maintenance that goes with them. When they don't inspect and maintain, mechanical failures can result, including wheels coming off, tires blowing out, or other equipment failures which place motorists and pedestrians at risk for serious injury or death. Albuquerque personal injury attorney Matthew Vance sues negligent truckers and trucking companies when they hurt others because of a failure to inspect or maintain their trucks and trailers.Making sure negligent professional drivers and trucking companies are held responsible and accountable.
At its core a claim or lawsuit against a professional driver or trucking company is about negligence. It is about a trucker or transport company having a duty to do something, breaching or failing in that duty, and causing harm and damages to someone because of that breach. In cases involving wheels coming off a big rig or trailer, tire blowouts, or other mechanical failures which leave large debris or parts in the roadway or flying off commercial vehicles, it is undeniable that drivers and companies have a duty to inspect and maintain a CMV, that duty can be breached, and the result can be harms and losses to other motorists or pedestrians.
Professional truck drivers and trucking companies have a duty to inspect their trucks and trailers. They have a duty to take adequate time to inspect and make inspect a routine practice. Truckers have a duty to know how to properly inspect a commercial motor vehicle. A truck driver and trucking company must know the warning signs of a mechanical problem and must take action when those warning signs are present. Trucking companies in particular have a duty to train their professional drivers in regard to inspection and maintenance. They can't take a back seat and hope their trucker knows how to do it. Trucking companies must also properly supervise truck drivers to be sure inspections are being done and their fleet of vehicles is properly maintained, whether that fleet is one commercial motor vehicle or many. A company involved in interstate trucking must have safety systems in place, including those regarding the inspection and maintenance of physical equipment (i.e. trucks, trailers, CMVs, and articulated big rigs) in its possession and control.
The Commercial Driver's License Manual (CDL) and the Federal Motor Carrier Safety Administration (FMSA) regulations identify and explain many of the minimum safety standards for the safe operation of commercial motor vehicles, which include inspection and maintenance of big trucks, semi-trucks, and 18 wheelers. The CDL Manual and FMSA regulations contain basic knowledge and safe driving information that all commercial drivers need to know and should know. The New Mexico CDL Manual identifies and explains that vehicle inspections are about safety; safety for the driver of the tractor-trailer, but also for the safety of other motorists and pedestrians. Professional drivers, to be safe drivers, should inspect their truck and trailer before a trip, during a trip, and after a trip. These inspections may require the driver to fill out documents or inspection reports, which the trucking company and others will rely upon to maintain the vehicle and ensure it is safely operable. The CDL Manual goes further and provides details with regard to how a trucker or professional driver should, as a minimum level of knowledge and skill, inspect their vehicle. The CDL Manual describes a uniform process starting from walking up to the vehicle and beginning inspections of major systems like engine and engine compartment; engine start up and cab inspection; condition of controls; walk around inspection; inspection of tires, wheels, and rims; and inspection of braking systems. These are not passing glances. Professional drivers of hulking behemoths on the roadways have a duty to make meaningful and multiple inspections of their tractor-trailers and other CMVs down to each wheel, rim, and individual lug nuts. If they don't, if they take a defective, dangerous, and massive big-rig on the road and hurt someone, whether it be another motorist or pedestrian, and are responsible and need to be held accountable. If they are not, then the trucker and the trucking company are not provided with an incentive or opportunity to change their ways.Consult an Albuquerque lawyer after a wheel off or other mechanical failure involving a trucker or trucking company.
If you or someone you know has been hurt or harmed because of the negligence of a professional driver or trucking company in the inspection or maintenance of a commercial vehicle, then call Albuquerque lawyer Matthew Vance at (505) 242-6267 to discuss your personal injury matter or contact us by email. It is important to call and discuss your situation with Matt Vance right away. In cases involving negligent inspection and maintenance, preservation of evidence is critical - right down to each wheel, rim, and individual lug nuts. The Law Office of Matthew Vance, P.C. is located in Albuquerque at 3800 Osuna Rd NE #2, but we assist trucking accident victims across the state of New Mexico, including along the Interstate 40 and Interstate 25 corridors, New Mexico Highway 550, and throughout the highways and byways of the state. We accept and vigorously pursue cases against professional driver and trucking companies that break the rules and cause serious injuries and death to their victims. We work on a contingency fee basis, which means there are no attorney fees unless we make a recovery. We have recovered millions for our clients; sometimes individual clients. Evening and weekend appointments are available.