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November 14, 2011

Trucking Companies Duty to Inspect and Maintain Rigs

The duty to inspect, maintain and repair semi trucks in the motor carriers fleet is codified in part 396 of the Federal Motor Carrier Safety Regulations.

396.1 provides that: "every motor carrier, its officers, drivers, agents, representatives and employees directly concerned with the inspection or maintenance of motor vehicles shall comply and be conversant with the rules". What this is saying is that the trucking company must ensure that its employees not only follow the rules but also know the rules with respect to maintaining and repairing trucks.

Further, section 396.3 provides: "every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control".
The regulation goes on to provide that parts and accessories shall be in safe in proper operating condition at all times.

That only does part 396 specify specific actions that must be taken to make sure that big rigs are safe to be on the roadway but also and equally important document the condition of the vehicle with appropriate paperwork.

Many truck accidents in Texas involve commercial vehicles that when subjected to an impartial inspection reveals the truck was being operated in an unsafe condition at the time of the accident.

Sometimes the condition of the vehicle can be the specific cause of the accident.

If you are loved one has been involved in a serious 18 wheeler accident and would like to speak with an experienced 18 wheeler accident attorney in Houston, contact the Baumgartner law firm at 281-587-1111 or fill out the contact us form on this website.

July 22, 2011

The Importance of Maintaining Your Tires

Frequently in my Houston truck accident practice I see situations where a tire has failed and it led to a very serious if not fatal accident. On a commercial vehicle, such as an 18-wheeler tire failure can be extremely serious if it is one of the front tires of the rig. Fortunately, big rigs have dual tires on most of the rear axles, which tend to protect the truck from loss of control when one of the dual tires fails.

All of us have seen remnants of a semi truck tire on the highway at times and maybe even had to take evasive maneuvers to keep from running over the remnants. For the past new car owner tire maintenance is critically important to your family safety.

It is the rear tires of a passenger car or pickup truck that can be most problematic after a blowout or a tire failure. Many experts suggest that you slow down gradually without slamming on the brakes and when you can safely do so to pull off the roadway in a safe location.

Many people lose control after a blowout because they are confronted with an emergency and perhaps over steer or steer to the wrong direction, which can lead to loss of control and potential rollover.

One can purchase very inexpensively a tire pressure gauge to check your tire pressure and you should do so at least once a month to make sure your tires are being operated under the guidelines suggested by the manufacturer. Under inflation can be a particularly dangerous issue and can lead to premature tire failure.

When purchasing tires always look to new tires that have been rated highly and have a professional mount and balance the tires as well as ensure they are the proper size for your vehicle

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