Duties of Illinois Truck Companies and Drivers to Maintain Their Vehicles
The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that provides guidelines and regulations for commercial truck drivers and commercial truck companies. Not every truck is a commercial truck, but large tractor-trailers, semis, and 18-wheelers qualify. Commercial trucks are a danger to other drivers, the truck driver, and to traffic conditions because of their size and weight.
Commercial trucks are also a danger because heavy and unsecured loads can cause the driver to lose control of the truck. Commercial trucks also often break down because they and their drivers log a lot of miles on a daily basis.
Trucking company inspection requirements
The general requirements for trucking companies and drivers can be found in the Code of Federal Regulations. Section 396 on Inspection, Repair, and Maintenance can be found here. Illinois trucking companies and drivers must follow these federal rules.
For example, trucks must be inspected every year and have an approved inspection sticker. If any defects are found, the truck should be taken off the road until necessary repairs are made. In addition:
- Parts and accessories must be in working order
- Motor carriers, with some exceptions, need to keep accurate records
- The vehicles need to be properly lubricated and free of leaks
- FMCSA agents have the right to inspect the vehicles and place them out-of-service when necessary
Inspectors must be properly qualified or certified to conduct inspections.
Truck driver inspection duties
The CFR regulations also require that the drivers conduct routine inspections. Drivers must inspect their truck before each trip. This includes reviewing the most up to date inspection report.
Drivers, with some exceptions, must also keep a daily inspection log. The log should detail in writing that the following items, among others, were examined:
- Brakes, including parking brakes and service brakes
- Coupling devices
- Emergency tools
- Horn
- Lights and reflectors
- Mirrors
- The steering mechanism
- Tires, rims, and wheels
- Windshield wipers
Many times, trucking companies and truck drivers fail to perform and record all the necessary inspections – and fail to make needed repairs. Often, these oversights can result in serious truck accidents that cause catastrophic injury or death to the drivers and passengers involved.
At Gainsberg Injury and Accident Lawyers, our Chicago truck accident lawyers demand to see all the inspection reports and driver logs. Often a failure to conduct timely tests or repairs can help prove that the trucking company and/or driver were liable for an accident. To speak with an experienced truck accident attorney, please phone us at 312-600-9585 or use our contact form to schedule an appointment.
Attorney Neal Gainsberg has spent the last 20+ years fighting to protect the rights of the injured in Chicago and throughout Illinois. For dedicated legal help with a personal injury, car accident, or wrongful death matter, contact Gainsberg Injury and Accident Lawyers in Chicago for a free consultation.