Every trucker should begin a trip by performing a pre-trip inspection. Although a thorough inspection should take less than an hour—and truckers get paid for this work—many skip this critical step. As a result, people end up getting hurt when the truck malfunctions because a part is not working properly.
Failure to perform a pre-trip inspection typically makes the trucker negligent when something goes wrong and the vehicle crashes. A thorough inspection would have turned up certain defects, and a trucker shouldn’t pull a rig out onto the road if the vehicle isn’t safe to drive.
AtLarson & Gallivan Law, we know the importance of pre-trip inspections. Our Vermont truck accident lawyers are always eager to see if a trucker performed the required inspection. When they fail to—and people are hurt—they should be held accountable. Contact us to find out more about what steps to take after a serious truck collision.
What is a Daily Vehicle Inspection Report (DVIR)?
Federal regulations require that drivers submit a DVIR every single day. That’s why it’s called a “Daily” inspection report. These are either paper or electronic reports, although the trend is now toward electronic reporting.
Technically, truckers should perform a pre-trip inspection at the beginning of their shift, any time they pick up a new trailer, and after a 10-hour break. If they drive more than one rig in a shift, they must perform an inspection report on all of them.
Unfortunately, not every trucking company ensures that their truckers are complying. Some will go months or years without ever submitting a DVIR. Ultimately, trucking companies must ensure their employees inspect the trucks. Turning a blind eye means the trucking company is at fault as well.
The goal of the inspection is to ensure the truck is in good working order before beginning to haul. These are large, heavy vehicles. When a tractor-trailer is out of control, it can crush any smaller vehicle caught in the way. Even the trucker might get hurt in the accident.
Pre-Trip Inspection Requirements
Here is a sample of things a driver should check as part of their DVIR:
- Steering mechanism
- Service brakes and trailer brake connections
- Parking brake
- Tires
- Horn
- Coupling devices
- Wheels
- Rims
- Windshield wipers
- Reflectors and lights
- Windshield wipers
- Emergency equipment
Companies might set their own inspection checklists which are more detailed than what is required by the federal government. That’s fine. But at a minimum, truckers should inspect the parts of a truck as required by the regulations.
If something is defective or worn, then the trucking company should fix it and then certify on the DVIR that it has been corrected. This is also required by the regulation.
What Happens when Truckers Skip an Inspection?
Maybe nothing. The purpose of the inspection is to find out whether something is wrong with the truck. Cracked and damaged parts should be replaced before the truck is driven. But if nothing is wrong, then the truck probably won’t malfunction. For this reason, some haulers get into the habit of skipping the DVIR.
The risk arises when a part is worn, cracked, or defective and the trucker fails to catch it. The truck could suddenly become unmanageable. Imagine a simple example: the trucker doesn’t check air pressure or tread. During a drive, the tread separates and the truck goes out of control. The truck jumps the median and crashes head-on with a smaller vehicle, killing everyone inside. The trucker could have prevented this accident by performing a thorough pre-trip inspection and then fixing the tire pressure.
Failing to Fix a Truck
Sometimes, a driver performs the checklist and notices a part is cracked or beginning to wear. However, he still gets into the truck to start his shift. That’s also a problem.
Under regulations, a truck should be pulled from service if a defect is likely to affect its safety. That’s not a high standard. Almost any defect on the checklist is enough for the truck to be pulled. A trucker who finds a problem–but ignores it–is as much at fault as a trucker who skips an inspection. The same is true if the trucking company just puts the rig back into service without addressing the defect.
How We Analyze DVIRs
We are experienced truck accident lawyers. We know our way around an inspection report. If hired, we will request inspection reports from the trucking company and look for the following:
- Did the trucker perform a DVIR before the trip which resulted in an accident?
- Did the trucker note any problems on the DVIR before the fateful trip?
- Did previous truckers find problems with a specific rig which the trucking company didn’t fix?
- Does the company have a history of not requiring DVIRs?
- Was the DVIR lost inexplicably?
- Does the report look falsified or edited?
We might find the trucker didn’t even perform an inspection before heading out on a haul. If a part malfunctions, then the trucker is likely at fault. A careful trucker would have performed a daily inspection, as required by law, and should have found the defect.
Sloppy trucking companies might even try to falsify a DVIR. The goal is to cover their tracks, so they don’t get in trouble with federal or state regulators (or both). We can use these reports in many truck accident cases, especially when a part malfunctions.
The regulations require that trucking companies preserve and retain DVIRs for at least three months. It’s not unusual for some of them to be lost.
Call Larson & Gallivan Law Today
We believe that trucking companies owe the public a duty to protect their safety. When these powerful companies fail, they should be held accountable for causing personal injuries. Contact us to speak with a Vermont truck accident lawyer today. Large rigs race through Vermont at all hours of the day. The rural roads encourage dangerous driving. Unfortunately, defects on the truck can also cause collisions. Contact us to schedule a free consultation with our law firm.
