The legal requirements for trucking companies under both federal laws and Florida state laws need to be identified.
All commercial truck drivers together with their employers must ensure their vehicles remain safe for road use. The results of neglected maintenance procedures become disastrous. A combination of worn brake pads and faulty steering mechanisms along with several other minor oversight problems lead to potentially catastrophic crashes. The lawyers at Dennis Hernandez Injury Attorneys know how to make trucking companies pay when they neglect safety duties so we can fight for your payment.
This article outlines the maintenance duties which trucking corporations must follow according to federal and Florida law. Knowledge about maintenance violations can help victims of truck accidents understand their personal injury claim when they read this information.
What Do Federal Laws Mandate for Trucking Companies?
Trucks and trailers operated by interstate carriers must follow Federal Motor Carrier Safety Administration (FMCSA) rules which are defined under 49 CFR § 396. These guidelines provide an exact framework to examine and preserve trucks and trailers.
What Is a Systematic Maintenance Program?
49 CFR § 396.3(a) requires every trucking company to establish an ongoing program that examines and repairs its entire fleet. The program needs scheduled documentation and regular inspections. The goal is to keep every commercial motor vehicle in a condition that meets safety standards at all times.
What Are Driver Vehicle Inspection Reports (DVIR)?
The 49 CFR § 396.11 requires drivers to conduct daily post-trip vehicle inspections. The reports contain evaluations of essential safety systems which include brakes as well as tires together with lights and steering mechanisms. The vehicle must receive proper resolution of all identified problems before it can operate on the roads. The driver must verify all required repairs were performed correctly.
What About Annual Inspections?
49 CFR § 396.17 requires commercial trucks to receive annual inspections from qualified professionals. Each vehicle must maintain inspection records that are easily accessible within the vehicle. Inspectors must fulfill all requirements as specified by § 396.19.
How Long Must Trucking Companies Keep Maintenance Records?
According to FMCSA rules trucking companies need to maintain records for all their vehicles during active service for at least one year and after sale or retirement for six months. These records must include:
- Vehicle identification information (VIN, make, and model)
- Inspection and repair details with corresponding dates
- Upcoming maintenance schedules
What Does the State of Florida Require Beyond Federal Standards?
The Florida state enforces FMCSA regulations on both interstate and intrastate carriers but implements most of the federal rules. The state has its own specific procedures for enforcement.
What Are Intrastate Carrier Compliance Rules?
The Florida Administrative Code implements Rule 15C-19.001 which requires in-state trucking companies to follow all FMCSA regulations. The same requirements apply for systematic inspections and accurate recordkeeping and routine maintenance schedules.
What Is Florida’s Commercial Vehicle Enforcement Program?
The Florida Highway Patrol’s Office of Commercial Vehicle Enforcement (CVE) performs roadside inspections and conducts audits and performs compliance checks. The failure of a truck to meet safety requirements leads to the following potential consequences:
- Monetary fines
- Vehicle out-of-service orders
- Suspension of commercial licenses
When Does a Trucking Company Become Responsible for Neglecting Vehicle Maintenance?
A company becomes responsible for negligent or grossly negligent behavior if it neglects fleet maintenance which causes an accident. The distinction between these terms matters because gross negligence enables the possibility of obtaining punitive damages in personal injury cases.
The trucking company becomes responsible for financial liability when their truck operates with bald tires or faulty brakes that require replacement.
How Do Personal Injury Lawyers Use Maintenance Violations?
Dennis Hernandez Injury Attorneys uses every available resource to establish proof of liability in their cases. Our team uses the following approach in maintenance violation cases:
- Request inspection and repair logs from the trucking company
- The team must collaborate with both mechanical experts and DOT compliance specialists
- The safety violations found during the investigation should be used to strengthen your legal claim
The proof that the company was aware of unsafe conditions yet took no action becomes a strong evidence point for your case.
Why Is Legal Help Essential in These Cases?
The trucking companies along with their insurance providers swiftly establish their defense measures. The insurance company attempts to conceal records along with transferring fault responsibility and claiming no liability exists. Your case needs legal professionals who specialize in uncovering maintenance failures together with proving negligence.
At Dennis Hernandez Injury Attorneys we have obtained numerous millions of dollars in compensation for clients who suffered similar accidents. The firm prepares every case for trial while refusing to accept any settlements that fall below what the client deserves.
We fight to get you paid!
Recommended reading
- Common Causes of Truck Accidents
- Hurt in a Truck Accident in Florida?
- Hazmat Trucks: The Largest Threat on the Roads
- Truck Accidents
- Personal Injury Lawyer
- FMCSA: Vehicle Maintenance Requirements
