A Carrier's Duty Of Inspection
The Federal Motor Carrier Safety Regulations require that all trucking companies “systematically inspect, repair and maintain, or cause to be systematically inspected, repaired, or maintained, all motor vehicles subject to its control.” Obviously, this safety regulation is designed to insure that all trucking companies maintain their vehicles in good working order. Carriers must maintain repair and inspection reports, (which have to be filed each day a vehicle is driven), which records must also evidence periodic inspections of each vehicle owned by the motor carrier. A failure of a trucking company to fulfill its repair and maintenance obligations can be an independent basis of liability against the trucking company. Some courts have held that if a motor carrier does not maintain its vehicles in good working order and as a result of such a breach an accident occurs that this can also be the basis of punitive damages against the motor carrier. Essentially, the courts have recognized that putting an unsafe vehicle on the road is a willful and wanton disregard of public safety which justifies punitive damages.
In any case involving a tractor-trailer accident, counsel should subpoena and obtain from the trucking company all of its inspection, maintenance and repair records for the vehicle involved to make sure that the carrier fulfilled its duties under the Federal Motor Carrier Safety Regulations.
