Oregon Poor Truck Maintenance
Accident Attorney

We Handle Truck Accidents Caused by Poor Vehicle Maintenance Throughout Oregon

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Commercial trucks require constant inspection, maintenance, and repairs to operate safely. When trucking companies or drivers ignore maintenance requirements, worn brakes, defective tires, steering problems, and other mechanical failures can quickly lead to devastating collisions. These crashes are often preventable, yet they continue to cause life-changing injuries throughout Oregon every year.

At Johnston Law Firm, we help victims of truck accidents caused by poor vehicle maintenance hold negligent trucking companies accountable. Based in Portland and proudly serving clients throughout Oregon, our attorneys investigate maintenance failures, identify every liable party, and fight for the compensation our clients deserve. If you or a loved one has been injured in a truck accident caused by the truck’s poor maintenance, contact us today for a free consultation. Call 503-546-3167 or complete our online contact form to discuss your case with an experienced Oregon truck accident attorney.

Injured in an Oregon Truck Accident Caused by Poor Vehicle Maintenance? Here’s How Our Attorneys Can Help

Poor maintenance truck accident cases often require extensive investigation and a thorough understanding of federal trucking regulations. Our lead truck accident attorney, Marc A. Johnston, knows where to look for evidence, how to identify responsible parties, and how to build strong claims that pursue the maximum compensation available. 

When you choose Johnston Law Firm for your truck accident claim, we will:

• Investigate maintenance records and inspection reports for evidence of safety violations.
• Identify every liable trucking company, maintenance provider, driver, or manufacturer involved.
• Preserve critical evidence before records disappear or vehicles are repaired.
• Work with accident reconstruction and trucking industry experts when necessary.
• Handle insurance negotiations while protecting your legal rights throughout the process.
• Prepare every case thoroughly for settlement negotiations or trial if necessary.

What Truck Maintenance Involves

Truck companies must follow strict federal statutes regulating the inspecting, maintaining, and repairing of commercial trucks. These regulations are set out in the Federal Motor Carrier Safety Administration (FMCSA) regulations, chapter 5.2, Part 396. This law states that each truck company must “systematically inspect, repair, and maintain all commercial motor vehicles (CMVs) under its control.” 

Additionally, every employee who is directly involved with truck maintenance and inspection must follow the regulations. As expected, the baseline requirement is that all parts and accessories on a commercial truck are in safe and proper working order at all times. 

The FMCSA also requires that truck owners are responsible for maintaining or having others maintain proper maintenance records. These records must show the date and type of all inspections, repairs, and maintenance carried out on the vehicle.

Driver inspection report requirements

The FMCSA requires truck drivers to complete a daily written post-trip inspection report for each driving day. The truck driver must report all defects or deficiencies that could affect the vehicle’s safety or cause a mechanical breakdown. 

The motor carrier must then certify that all necessary repairs have been carried out before allowing the truck to be driven again.

Why poor truck maintenance happens

Following these federal regulations to the letter will greatly minimize the risks of mechanical failures or poor maintenance causing truck accidents. However, on the ground, both truck companies and truck drivers may be under immense pressure to meet tight delivery deadlines. 

In an attempt to save time, truck drivers may cut corners by inspecting their vehicles less thoroughly than they should. Trucking companies may fail to promptly follow up on necessary repairs due to the costs involved. In addition, both truck drivers and truck companies may fail to report a defect if it means the vehicle is off the road for a period of time.

Defective parts

Sometimes, truck crashes happen because of defective parts rather than poor truck maintenance. If a faulty part caused your accident, a Johnston Law Firm truck accident attorney can advise you whether you have a case under product liability law. The truck manufacturer or part manufacturer may be liable in such cases.

However, truck companies should still check for recalls by searching the NHTSA database to ensure that their vehicles do not include defective parts that should be replaced.

Building a Case for Poor Truck Maintenance

Truck accidents are often complex, potentially involving multiple liable parties. That’s why it pays to work with an experienced truck accident attorney who has the skills and experience to take a deep dive into your accident – to find out what really happened. 

Multi-party liability in truck accidents

Federal laws show that both the truck driver and truck company have a role to play in the proper maintenance of commercial vehicles. Therefore, both the truck driver and truck company, along with third-party maintenance companies, may bear a measure of fault. 

Even if the truck driver was at fault for failing to carry out inspections correctly, the truck company may still be a responsible party for failing to oversee its employees correctly.

Joint and several liability in truck accident cases

When there is more than one responsible party, joint and several liability laws may apply. Oregon follows the legal doctrine of modified joint and several liability. According to ORS 31.610, liability in civil actions is several only and not joint. Therefore, each responsible party is only liable for a monetary amount that reflects his or her share of the obligation. 

However, if all or part of any responsible party’s share is uncollectable, the court may reallocate that share among the other parties. So, even though joint liability technically does not apply, each responsible party may have to pay more than his or her initial share of the damages.

This mere glimpse at Oregon laws indicates how complex truck accident laws can be. Rather than trying to go it alone, talk to a Johnston Law Firm truck accident attorney who can successfully navigate these laws on your behalf.

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The Consequences of Truck Accidents Caused by Poor Maintenance

Commercial trucks travel thousands of miles every week, making routine inspections and repairs essential for everyone’s safety. When trucking companies or drivers neglect maintenance, worn or defective components can fail without warning, placing nearby motorists at serious risk. Even a single mechanical problem can cause a truck driver to lose control, resulting in catastrophic collisions.

Common mechanical failures caused by poor truck maintenance include:

• Brake failure
• Tire blowouts
• Excessive tire wear, reducing traction and increasing stopping distances
• Wheel and axle misalignment
• Steering system failures
• Suspension defects
• Faulty lights or reflectors that reduce visibility
• Coupling device or trailer hitch failures
• Engine or transmission malfunctions

Many of these mechanical failures are entirely preventable through proper inspections and timely repairs. When a trucking company ignores its maintenance obligations, it may be held liable for the injuries and losses that result from a preventable accident.

Common Injuries in Truck Crashes Caused by the Truck’s Poor Maintenance

When poor maintenance causes a truck accident, the resulting mechanical failure often leaves other motorists with little or no opportunity to avoid a collision. Because commercial trucks are substantially larger and heavier than passenger vehicles, these crashes frequently result in catastrophic injuries requiring extensive medical treatment and long-term rehabilitation.

Common injuries include:

• Traumatic brain injuries: Can lead to permanent cognitive impairment, memory loss, and long-term disabilities.
• Spinal cord injuries: May result in partial or complete paralysis and lifelong medical needs.
• Neck and back injuries: Herniated discs, nerve damage, and chronic pain may limit daily activities.
• Broken bones: High-impact collisions commonly cause complex fractures requiring surgery and rehabilitation.
• Internal injuries: Damage to internal organs and internal bleeding may require emergency surgical intervention.
• Burn injuries: Vehicle fires or explosions can cause painful burns that require extensive treatment and skin grafts.
• Chemical burns: Hazardous cargo spills may expose victims to dangerous chemicals that damage the skin, eyes, or respiratory system.
• Crush injuries: Occupants may suffer severe muscle, nerve, and tissue damage during high-force impacts.
• Lacerations and soft tissue injuries: Deep cuts, torn ligaments, and muscle injuries may require prolonged recovery.
• Wrongful death: Tragically, some truck accidents caused by maintenance failures result in fatal injuries.

Every truck accident is unique, and the severity of an injury often depends on the nature of the mechanical failure and the force of the collision. Our attorneys work closely with medical professionals and other experts to fully understand the impact your injuries have on your life before pursuing compensation.

Compensation You Can Pursue If You Were Injured in a Truck Accident Caused by Poor Vehicle Maintenance

A truck accident caused by poor vehicle maintenance can create financial hardship almost immediately. Beyond emergency medical treatment, many victims require ongoing rehabilitation, future medical care, lost income, and assistance with daily activities. Depending on the circumstances of your case, Oregon law may allow you to recover both economic and non-economic damages.

Economic Damages

These are the financial losses resulting from the accident and may include:

• Medical expenses: Emergency care, hospitalization, surgery, medications, rehabilitation, and future medical treatment.
• Lost income: Wages lost while recovering and compensation for missed employment opportunities.
• Reduced earning capacity: Financial recovery if your injuries permanently limit your ability to work.
• Property damage: The cost of repairing or replacing your vehicle and other damaged property.
• Out-of-pocket expenses: Travel costs, medical equipment, home modifications, and other accident-related expenses.

Non-Economic Damages

These compensate you for the personal impact of your injuries, including:

• Pain and suffering: Physical pain and discomfort caused by the accident and recovery.
• Emotional distress: Anxiety, depression, PTSD, and other psychological effects of the crash.
• Permanent disability or disfigurement: Compensation for lasting impairments and permanent physical changes.
• Loss of enjoyment of life: Reduced ability to participate in hobbies, family activities, and everyday life.
• Loss of consortium: Damages for the impact the injuries have on your marital relationship, when applicable.

Marc A. Johnston carefully evaluates every category of damages before pursuing a claim. He works with medical providers, vocational experts, economists, and accident reconstruction specialists to accurately assess both current and future losses. Through a thorough investigation, detailed case preparation, and skilled negotiations with insurance companies, Johnston Law Firm works to maximize the compensation available to every client, whether through settlement or, when necessary, at trial.

Poor Truck Maintenance Accidents: FAQs

Accidents involving commercial trucks, from 18-wheelers to small delivery trucks, caused by poor truck maintenance are alarmingly common and raise numerous questions about liability and compensation. In this section, we address the most frequently asked questions related to accidents stemming from inadequate truck upkeep, helping victims understand their legal rights and the steps they can take to secure justice and compensation.