![\"\"](\"http:\/\/www.michiganautolaw.com\/auto-lawyers-blog\/wp-content\/uploads\/2010\/03\/pre-trip-inspection-truck-accident-lawyer-blog.jpg\" "\\"pre-trip-inspection-brakes\\"")
<\/a><\/p>\nPre-trip inspection requirements are probably the most violated mandatory safety rule by the trucking industry today. Unfortunately, most lawyers who handle truck accident<\/a> cases have no idea what those inspection requirements are. Most lawyers think a pre-trip inspection is one inspection by the driver before he gets behind the wheel.<\/p>\n Wrong.<\/p>\n As required by 49 CFR \u00a7 392.9, a truck driver must inspect his truck and cargo<\/a>:<\/p>\n \u2022\u00a0\u00a0\u00a0 Within the first 50 miles of a trip, And that, if you ask any experienced truck accident lawyer<\/a>, is almost never done. When it is done, it’s usually wrong. If you see a 10-minute inspection on the driver’s log books (lie logs, as many truckers derisively refer to them), you know that trucker is cutting corners. Unfortunately, when it comes to pre-trip inspections of 80,000 pound tractor-trailers on our roadways, cutting corners means that a lot of very preventable truck accidents occur.<\/p>\n Why does a 10-minute pre-trip inspection mean that important things are being skipped over?<\/p>\n Under 49 CFR \u00a7 396.11, every motor carrier must require its drivers to report, and every truck driver must prepare a written pre-trip inspection <\/a>report at the completion of each day\u2019s work on each vehicle operated. The report MUST cover the following at a minimum:<\/p>\n \u2022\u00a0\u00a0\u00a0 Service brakes (including trailer brake connections), Before driving the truck, the trucker must be satisfied that the vehicle is in safe operating condition. Then he must review the last driver\u2019s inspection report and sign it, certifying that any required repairs have been performed.<\/p>\n Take a look at this sample driver log<\/a>.<\/p>\n Looking at our sample driver log<\/a> above, it appears that this driver only allowed himself 15 minutes to perform a pre-trip inspection of his truck. Drivers often document very little time for inspections (frankly, because money is wasted when they’re not driving). Many truck accident lawyers have found that truckers typically either spend much less than is actually needed to perform a proper inspection, or falsify the inspection time on the daily long. This situation sets up a fantastic opportunity to impeach the credibility of the driver.<\/p>\n During the deposition, a truck accident lawyer can ask:<\/p>\n \u2022\u00a0\u00a0\u00a0 Was a pre-trip inspection completed? By asking these questions, a truck accident lawyer will either expose the driver with a) submitting a false log for only reporting 15 minutes on the inspection or, b) conducting an improper pre-trip inspection for not thoroughly inspecting the list of parts and accessories under 49 CFR \u00a7 396.11.<\/p>\n Again, if you know what to look for, and what to ask, you can nab a trucker who was negligent with his inspection report in the deposition. My series on \u201cRules of the Road\u201d for truck accident lawyers will continue Tuesday, with a blog on\u00a0 driving under hazardous conditions.<\/p>\n –\u00a0\u00a0\u00a0 Steven M. Gursten<\/a> is recognized as one of the nation\u2019s top experts in serious truck accident injury cases. He serves on the board of governors for the Association of Plaintiffs Interstate Trucking Lawyers of America.\u00a0 Steve is past-president of the American Association for Justice Truck Litigation Group. Recently, he was named a Michigan Lawyers Weekly Leader in the Law for his efforts to promote truck safety and his help in stopping preventable truck accidents in Michigan.<\/em><\/p>\n – Photo courtesy of Creative Commons, by Elsie esq.<\/em><\/p>\n Related information:<\/strong><\/p>\n Things to Know After a Truck Accident<\/a><\/p>\n Michigan Truck Accident Facts and Causes<\/a><\/p>\n Michigan Truck Accident Statistics<\/a><\/p>\n Previous blogs from \u201cRules of the Road Every Truck Accident Lawyer Needs to Know\u201d series:<\/strong><\/p>\n Rules of the Road: Intro for Truck Lawyers <\/a><\/p>\n Truck Driver Fatigue<\/a><\/p>\n Truck Lawyers: Get Your Hands on Those Discovery Documents! <\/a><\/p>\n Investigate the Trucker’s Background and History<\/a><\/p>\n Truck Driver Qualification Files<\/a><\/p>\n What Truck Accident Lawyers Must Know About Black Boxes<\/a><\/p>\n
\n\u2022\u00a0\u00a0\u00a0 Whenever the driver changes duty status, and
\n\u2022\u00a0\u00a0\u00a0 When he drives more than three hours or 150 miles.<\/p>\n
\n\u2022\u00a0\u00a0\u00a0 Parking brakes,
\n\u2022\u00a0\u00a0\u00a0 Steering mechanism,
\n\u2022\u00a0\u00a0\u00a0 Lighting devices and reflectors,
\n\u2022\u00a0\u00a0\u00a0 Tires,
\n\u2022\u00a0\u00a0\u00a0 Horn,
\n\u2022\u00a0\u00a0\u00a0 Windshield wipers,
\n\u2022\u00a0\u00a0\u00a0 Rear-view mirrors,
\n\u2022\u00a0\u00a0\u00a0 Coupling devices,
\n\u2022\u00a0\u00a0\u00a0 Wheels and rims, and
\n\u2022\u00a0\u00a0\u00a0 Emergency equipment<\/p>\nHow Much Time Did the Trucker Really Spend on the Inspection?<\/h3>\n
\n\u2022\u00a0\u00a0\u00a0 What did you inspect?
\n\u2022\u00a0\u00a0\u00a0 In what manner did you inspect the various parts and accessories?
\n\u2022\u00a0\u00a0\u00a0 How long did that take you?
\n\u2022\u00a0\u00a0\u00a0 Was this inspection recorded on FMCSA compliant paperwork?
\n\u2022\u00a0\u00a0\u00a0 How often do you perform this inspection?
\n\u2022\u00a0\u00a0\u00a0 Have you ever found faulty parts or accessories during this inspection?
\n\u2022\u00a0\u00a0\u00a0 When was the last time you reported a vehicle as out-of-service and brought it in for repairs?
\n\u2022\u00a0\u00a0\u00a0 How do you record this downtime on your log book?
\n\u2022\u00a0\u00a0\u00a0 Is 15 minutes enough to thoroughly inspect these parts and accessories?
\n\u2022\u00a0\u00a0\u00a0 Who within the organization trained you on proper pre-trip inspection procedures?
\n\u2022\u00a0\u00a0\u00a0 Do you believe that 15 minutes is sufficient?<\/p>\n