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The Role of Commercial Vehicle Maintenance Records in Accident Claims

After accidents involving commercial motor vehicles, the truck driver is only one of the parties who may be liable in the accident. Your attorney will need to see the truck’s maintenance records. Under federal law, all commercial vehicles must keep records of the inspections, repairs, and routine maintenance performed on the truck, and update them every six months.

If the accident was due to inadequate maintenance or improper inspections, your attorney can use these to include the trucking company or others in your personal injury claim.                                            

Importance of Comprehensive Maintenance Documentation    

Maintenance records are the documents showing when the truck was last repaired, where it was inspected and by whom, and the daily routine maintenance performed on it. Along with paper invoices and documents, onboard computers and black boxes similar to those in airplanes show whether the vehicle has been kept up to industry standards before an accident.

State and federal laws require drivers and companies to maintain these records and provide them upon demand to investigators. The presence or absence of adequate records can be used to prove liability after an accident. 

Proper vehicle maintenance logs can help establish the degree of liability of the driver, the truck company, and other parties in the accident.

Legal Requirements for Truck Maintenance

The Federal Motor Carriers Safety Administration (FMCSA) has created a maintenance standard called the CSA (Compliance, Safety, Accountability) Score. The CSA Score affects carriers, not drivers. Carriers receive points based on the combined performance of their drivers and vehicles each month.

Understanding CSA (Compliance, Safety, Accountability) Scores

CSA scores are calculated by assessing the number of violations and the total amount of drivers and vehicles in a carrier’s fleet. The FMCSA looks at:

  • Unsafe driving violations: Employers must run motor vehicle reports (MVRs) on all employees at least once a year. Drivers must submit a list of all moving violations committed during the past year. And a note must be made of no violations if they have none. 
  • Crash indications: Histories of crash involvement taken from police reports.
  • Hours-of-service compliance: Driver’s record of duty status (RODS) and supporting documents such as bills of lading, dispatch records, toll receipts, and phone bills, must be kept for six months after receipt. Carriers must show due diligence in tracking and enforcing drivers’ break and rest periods.
  • Vehicle maintenance records: Repairs, brake replacements, light inspections, etc.
  • Driver controlled substances abuse: This includes pre- and post-employment abuse, reasonable suspicion post-accident testing, and a random drug testing program. The DOT requires employers to keep any positive drug tests for five years, pre-employment tests for three years, and random tests for two years.
  • HazMat compliance: Improper containers, packaging, placards, etc. If drivers transport Class A or Class B explosives, DOT requirements include a written route the driver must follow while delivering the load.
  • Driver fitness: Drivers should meet the DOT basic qualifications. DOT has a standard application that carriers can use to ensure drivers meet basic standards. In general, drivers should be at least 21 years old, read and speak English, have a valid CMV license, and a clean 12-month driving certificate. Drivers must have a current road test and medical certificate.

Carriers are ranked according to other carriers of similar size — so small fleets are compared to other small fleets. The higher the CMS percentage, the worse their overall performance.

Key Regulations Affecting Maintenance Records

A number of federal and state rules affect what records motor carriers must keep and what they must contain.

The Code of Federal Regulations (CFR) 49 CFR 396.3 explains what inspections must do, and what records must contain. Federal laws state that these records must be kept for one year, and for six months after the vehicle is sold.

FMCSA has a separate regulation  5.2.1 detailing what the FMCSA wants for records and how they are used to tabulate CMS percentages.

States may have their own requirements for commercial vehicle maintenance records. Carriers should consult their state Department of Transportation websites to ensure they comply with these important regulations.

Components of a Vehicle Maintenance Log

The Federal code gives a detailed explanation of the minimum requirements for a vehicle maintenance log. The more detail a carrier has in its logbooks, the easier it will be for the company to avoid liability based on improper maintenance or poorly maintained equipment, or statute § 392.7 on equipment, inspection and use.

  • Identifying information: This must include the company number and name, the make, model, serial number, tire size, and year of the vehicle. If the company does not own the vehicle, the owner’s information must be included.
  • Driver vehicle inspection reports (DVIRs): DVIRs are the reports created by drivers before and after each trip. All issues must be recorded and repairs made or reasons given why such repairs were not made at the time.
  • Periodic inspection schedules: The code requires a schedule or other method of determining when and where inspections will be performed. Deadlines and due dates must be noted on this schedule.
  • Preventive maintenance reports: Details of all repairs and maintenance carried out on the vehicle, including dates and parts replaced, if any. Special note must be made of inspections and repairs on emergency doors, windows, and lights.  

According to FMCSA, the top commercial violations in 2024 were inoperable lamps and signals, and lack of proper documentation. 

Documentation & Filing Methods of Vehicle Repairs & Maintenance

Commercial motor carriers should have established methods of documenting their fleet. By law, carriers must have records for each vehicle they own or lease for more than 30 consecutive days. To ensure federal compliance, carriers must:

Create a separate file for each vehicle (including trailers)

Each vehicle and trailer must have its own file with separate maintenance and repair records and receipts. The file must be kept wherever the vehicle is stored or maintained, and kept for six months after the vehicle is sold or traded.             

Clearly identify repair receipts and regular maintenance

All documents should be kept separate for easy access. The FMCSA performs interventions on companies with CSAs over 50%. These interventions focus on areas where problems seem to be occurring. For instance, issues may be noted immediately, but repairs are carried out with substandard parts. Companies can correct these issues and improve their scores.                        

Document roadside inspections

One of the top reasons for poor CSA scores is lack of documentation. Carriers should not rely on the inspection stations to keep their records in order. Drivers should be trained to monitor the inspection of their own vehicles, note what inspectors do and do not find, and keep the roadside inspection report with the truck maintenance records to be filed at the carrier’s yard.

DOT Record Retention Periods

Federal codes require companies to maintain and update the vehicle maintenance history while the vehicle is in service. Records must be kept for one year on a continuous basis. Once the vehicle is traded or sold, records must be kept for six months after the truck is out of service.

Carriers must keep a separate log of accidents, following statute 49 CFR 390.5T. This log must be kept for three years and include the date and location of the crash, the driver, whether there were injuries or fatalities, and if there were any hazardous materials involved.

Some states may have other requirements. Motor carriers should check with their state DOT to confirm the record-keeping regulations.

DOT Periodic Inspections and Reports

Under 49 CFR § 396.17, complete vehicle inspections must be performed on each vehicle annually.  The inspections must be carried out by a DOT-qualified inspector. Each inspection must include:

  • The name and identification of the inspector
  • The identification of the carrier or leasing company
  • The date and location of the inspection
  • The vehicle inspected
  • Any components inspected and those which did not meet standards and why
  • Certification of accuracy and completion

The inspection certificate must be kept for 14 months. A copy or decal must be kept in the vehicle.

Driver Vehicle Inspection Reports

Drivers must perform a vehicle inspection report each day (DVIR). Under 49 CFR § 396.11, drivers must inspect and report on, at minimum:

  • Service brakes and trailer brake connections
  • Parking brakes
  • All steering mechanisms and couplers
  • All lighting devices, reflectors, and connections
  • Tires
  • Horn
  • Rear view mirrors
  • Windshield wipers
  • Coupling devices
  • Wheels and rims
  • Emergency equipment

The report must identify the vehicle, the driver, and the company. Any defect which exists or which would cause the breakdown of the vehicle must be reported and corrected.

Intermodal equipment — that is, the chassis, trailers, and other equipment used to transport cargo — must also comply with federal regulations for maintenance records. 

Intermodal providers must have access to and require driver to reports about damage to trailers, chassis, and other parts used by carriers during cargo transport. 

Intermodal DVIRs must include at minimum:

  • Brakes
  • Lights, lamps, markers, and highlighting material on the trailer and bed
  • Wheels, rims, lug nuts, and tires
  • Air line connectors, hoses, and couplers
  • King pin upper coupling device
  • Rails and support frames
  • Tie downs
  • Lock pins, clamps, hooks and other devices
  • Sliders or sliding frame locks

The intermodal report content must include:

  • The name of the carrier responsible for the equipment at the time the defects, if any, were discovered or reported by the driver
  • The carrier’s USDOT number, the intermodal equipment provider’s USDOT number, and the VIN or other number of the equipment itself
  • Date and time the report was provided
  • Nature of the damage or defects reported which would affect the safety of the equipment or cause its breakdown
  • Signature of the driver

Intermodal equipment reports must be kept for three months from the date they were submitted to the equipment provider.

Using Maintenance Records in a Personal Injury Lawsuit

The primary cause of trucking accidents is driver error. However, the second most often cause is motor carrier negligence. Drivers are only human. They get tired, they are pushed to drive in bad conditions, or they abuse alcohol or drugs.

Companies that don’t keep their equipment in good condition are another matter. When a commercial vehicle is involved in a traffic accident, more than the driver’s conduct may be at issue. Attorneys look at:

  • The carrier. Attorneys look at the maintenance records, their hiring practices, and the CSA score. In particular, attorneys want to know the crash indicators, hours-of-service compliance, and unsafe driving numbers. 
  • The intermodal equipment provider. If the provider has not been keeping the equipment in repair, they can be liable for any accidents caused by poorly maintained trailers or cargo chassis, bad connectors, and other equipment.
  • Inspection records. Inspection reports should note what was seen in roadside inspections and what should have been repaired. Good reports by drivers can highlight any flaws in outside inspections and help exonerate drivers in accidents.

What Attorneys Look for in Maintenance Records

When an attorney subpoenas the maintenance records, they look for specific things that could show the carrier’s negligence caused the accident. Some factors that put the burden on the carrier include:

  • Inspection and maintenance violations. These range from skipped or delayed daily inspections, postponed annual inspections or unqualified inspectors, missing stickers, broken fire extinguishers, and other details. Carriers should impress on their drivers the need for daily inspections. And drivers should perform inspections even if pushed by companies to skip routine inspections.
  • HOS violations. Drivers are required to take rest breaks and get at least eight hours of sleep per night unless they have a second driver. Some companies subtly encourage drivers to drive extra hours or use a “ghost” driver to pull double shifts. Tired drivers are unsafe drivers. Proving that the company was responsible for the driver’s HOS violations can be difficult.
  • Driver qualifications. Companies are supposed to do background checks and drug screens on their drivers before sending them out on the road. However, the rush of business can encourage companies to take shortcuts and send unqualified drivers out, or keep them driving when they should remove them.

If you or a loved one have been involved in a commercial vehicle accident, you need help from an attorney immediately. The attorneys at Morris & Dewett Injury Lawyers will obtain the maintenance records and other information necessary to help you get the compensation you need for your accident-related injuries. 

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.