| Key takeaway: A trucking company may be liable when neglected brakes, tires, steering, lights, coupling equipment, or other parts contribute to a crash. The most important early step is often to preserve the tractor, trailer, failed parts, electronic data, and maintenance records before repairs alter the evidence. |
Poor truck maintenance does not always announce itself at the crash scene. A driver may say the brakes failed, a tire blew, or the truck suddenly pulled to one side. That only tells us where to start. The real questions are what failed, why it failed, who knew about the danger, and whether a reasonable inspection or repair would have prevented the crash.
I am Greg Baumgartner. I have handled serious truck accident cases since 1985. In a suspected maintenance case, I do not rely solely on the trucking company’s repair file. I compare its records with the physical truck, electronic data, roadside inspections, driver complaints, parts purchases, and the timing of earlier repairs. That comparison often tells a much clearer story.
If poor maintenance may have caused a serious collision, a Texas truck accident lawyer should act quickly. A carrier may repair the truck and return it to service long before an injured person understands what evidence was lost.
An 18-wheeler is a working machine made of systems that must perform together. A defect need not cause a complete breakdown to contribute to a wreck. Weak brakes may increase stopping distance. Uneven braking may pull a tractor-trailer sideways. A worn steering or suspension part may reduce control during an emergency move.
Common maintenance failures include:
These problems may develop slowly. Repeated complaints, warning lights, uneven tire wear, fluid leaks, unusual vibration, or recurring repairs may show that the crash was not a sudden, unforeseeable event.
The federal inspection, repair, and maintenance rules appear in 49 C.F.R. Part 396. Section 396.3 generally requires a motor carrier to systematically inspect, repair, and maintain vehicles under its control. Parts that affect safe operation must remain in safe and proper condition.
The rules also prohibit operating a vehicle in a condition likely to cause an accident or breakdown. Before driving, a driver must be satisfied that the vehicle is safe and review the last required driver vehicle inspection report. A commercial vehicle must also pass the required periodic inspection. The tractor and each trailer are treated as separate vehicles for that inspection.
Written driver reports are not required in every no-defect situation. When a safety-related defect is discovered or reported, however, the carrier generally must address it before the vehicle is operated again. The FMCSA Motor Carrier Safety Planner gives carriers practical guidance on Part 396 duties and records.
Which rules apply can depend on the carrier, vehicle, cargo, and type of trip. Our guide to federal trucking regulations in Texas accident cases explains the broader safety framework.
A maintenance case is rarely proved without extensive investigation. I start by inspecting the vehicle and asking whether the company’s paperwork matches the truck’s condition.
I also look beyond the motor carrier. The tractor, trailer, maintenance shop, and failed component may come from different companies. Contracts and repair authorizations help show who controlled the work and who had the chance to prevent the failure.
I represented a truck driver who lost control of his truck and jackknifed across the roadway, killing two innocent victims. Another law firm dropped the case, and the trucker hired me. After an expensive investigation and litigation, I proved a maintenance failure and settled the case for a confidential multi-million-dollar amount. My client’s recovery was more than the two innocent victims’ families received.
A strong investigation compares physical evidence with company records. Useful evidence may include:
Our guide to critical evidence in an 18-wheeler accident case explains other proof that may matter, including driver, cargo, camera, and collision data.
| Why speed matters: Even routine repairs can erase evidence. A written preservation notice should identify the tractor, each trailer, removed parts, photographs, data, inspection material, repair records, and communications. In some cases, court involvement may be needed to arrange an inspection before the equipment is altered. |
More than one person or company may share responsibility. The evidence may point to:
The correct defendants cannot be chosen from a company logo on the truck. Ownership, control, leases, repair contracts, and the motor carrier’s records must be examined. Learn more about who may be responsible for a truck accident.
A person injured due to unsafe maintenance may seek compensation for losses resulting from the crash. Depending on the facts, those losses may include past and future medical expenses, lost wages, reduced earning ability, physical pain, mental anguish, impairment, disfigurement, property damage, and other accident-related expenses.
When a crash causes a death, eligible family members and the estate may have wrongful-death and survival claims. Exemplary damages may be available only in cases that meet Texas law’s higher requirements. A maintenance violation alone does not automatically prove gross negligence. What the company knew, how long it knew it, and what it did next can be important.
I founded my law firm in 1985 and have focused my career on helping people with serious injuries and families facing a wrongful death. I hold two law degrees and graduated from the Trial Lawyers College. But credentials do not inspect a tractor or uncover a missing work order. The practical work is to start early, test the trucking company’s story, and follow the evidence wherever it leads.
I keep a low-volume practice because a serious truck case needs close attention. Clients speak directly with me. My firm has never lost a commercial vehicle accident case, and I prepare each accepted case as if the trucking company will require us to prove every part of it in court.
Yes. A motor carrier may be liable when its failure to inspect, repair, or maintain equipment contributes to a crash. The facts must connect the unsafe condition and the responsible party to the collision.
Federal rules generally require records that identify the vehicle, show the nature and due date of maintenance, and document inspections and repairs. Retention periods vary by record type, so preservation should begin quickly.
Under 49 C.F.R. § 396.3, covered records are generally kept where the vehicle is housed or maintained for one year and for six months after it leaves the carrier’s control. Other inspection and driver-report records can have different periods.
No. An out-of-service finding can be powerful evidence, but it does not decide the entire case. The defect still must be connected to the crash and to the conduct of a responsible person or company.
Yes. A shop may share responsibility if faulty work or a missed defect contributed to the crash. The work order, contract, qualifications, parts, and physical inspection can help answer that question.
Repairs can change or destroy important evidence. A prompt preservation notice and a documented independent inspection may be needed before the tractor, trailer, or failed components are altered.
Texas law generally allows two years for a personal-injury or wrongful-death lawsuit, but exceptions may change the deadline. The evidence deadline is practical and much shorter because trucks, data, and records can change or disappear. See Texas Civil Practice and Remedies Code § 16.003.
If you or a loved one suffered a serious injury in a Texas truck crash, I will discuss what happened, what mechanical issue may be involved, and what evidence should be saved. The consultation is free, and there is no attorney’s fee unless we win your case.
Call (281) 893-0760 or toll-free 1-866-758-4529 to speak directly with Greg Baumgartner.
Call (281) 893-0760 or Toll Free 1-866-758-4529
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