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THE PRE-TRIP TRUCK INSPECTION

The pre-trip inspection is a systematic check of the tractor-trailer's parts and systems that must be done before every trip or the start of the driver’s day. FMCSR 392.7 governs this.   There are still far too many defective and dangerous trucks on the roads today causing preventable truck accidents.  An attorney pursuing a truck accident investigation should always review the pre-trip inspection filled out by the truck driver with the police investigation after a serious accident injury or wrongful death.  Often, the pre-trip inspection by the negligent truck driver who caused an accident will show it either was never done, done improperly, or a safety defect was discovered, such as defective brakes or inoperable horns, but the truck was taken out on the road anyways.  The pre-trip inspection report is one more important reason why a personal injury attorney familiar with truck accident cases should be hired when a serious injury or fatal wrongful death has occurred.

The driver begins the pre-trip by reviewing any previous vehicle inspection reports. If anything was marked for repair, the driver should then double-check to see that it was in fact repaired.  These common sense steps to avoid the truck from causing a traffic accident are still often ignored. Investigation of any serious injury accident in Michigan from a truck accident should also include the attorney deposing the company safety director, and depending on how the motor vehicle accident occurred, the employees who presumably repaired the truck after the defect was found during the pre-trip inspection.

The driver has a duty to verify that the motor vehicle is in safe operating condition and that all defects or deficiencies listed by a previous report have been satisfied or repaired.

How should the pre-trip inspection be performed?  Upon approaching the truck, the truck driver should check the overall condition of the semi truck or tractor trailer for any damage. For example, if the vehicle is leaning to one side, there may be a suspension problem or a flat tire that may lead to a fatal Michigan truck accident or injury. The driver should also check underneath the vehicle for signs of fresh oil, coolant, grease or fuel leaks. Additionally, the truck driver should observe the area around the vehicle for hazards dangerous to the movement of the vehicle. For example, people, objects, low hanging wires and any other impediment to safe movement of the truck.

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Contact Lawrence E. Gursten or Steven M. Gursten 1-800-777-0028


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American Association for Justice

Steve Gursten is Chair for the 2008 Interstate Truck Litigation Group for the American Association for Justice (AAJ). Michigan Auto Law has been a long standing member and contributor to the American Association for Justice (AAJ), formerly the American Trial Lawyers Association (ATLA).

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Lawrence E. Gursten - 2007, 2006
Leonard M. Koltonow - 2007
David E. Christensen - 2007

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Only 5% of all U.S. law firms qualify to be included in the Bar Register of Preeminent Lawyers, making Michigan Auto Law one of the most distinguished and respected in the country.

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Steven M. Gursten was selected as "Lawyer of the Year" for 2005, by Michigan Lawyers Weekly, the state's largest legal periodical. Steve was selected after winning a $9 million dollar pain and suffering settlement for one of his clients - the largest settlement for pain and suffering in Michigan in over ten years.

Michigan Trial Lawyers Association (MTLA)

Robert M. Raitt of Michigan Auto Law is President for the Michigan Trial Lawyers Association (MTLA) for 2008. The attorneys at Michigan Auto Law are well-respected members of the Michigan Trial Lawyers Association (MTLA), dedicated to helping Michigan families seek justice when they are injured by another person's negligence.

 



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