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FMCSA Maintenance & Inspection Rules in Boston Truck Accident Cases - Colucci, Colucci & Marcus, P.C. · BSPE Legal Marketing Podcast

• 0:00
  FMCSA Maintenance & Inspection Rules in Boston Truck Accident Cases A truck with worn brakes, bald tires, or a long-delayed repair can change a family's life in seconds on the roads of Boston.
• 0:12
  Federal law under 49 C.F.R. Part 396 requires motor carriers to systematically inspect, repair, and maintain every commercial vehicle under their control.
• 0:22
  When a trucking company fails to follow these rules and a crash occurs, that failure can become powerful evidence in an injury claim.
• 0:29
  Driver Vehicle Inspection Reports, known as DVIRs, are one of the primary tools carriers use to document and address safety problems before a truck returns to service.
• 0:39
  Under 49 C.F.R. § 396.11, if a DVIR identifies a defect affecting safe operation, the carrier must repair it or certify that repair is unnecessary before the truck moves again.
• 0:52
  A DVIR showing that a brake problem was reported but never corrected can directly establish what the carrier knew before the crash occurred.
• 1:01
  Federal rules also require that each commercial motor vehicle undergo a thorough periodic inspection at least once every 12 months under 49 C.F.R. § 396.17, performed by a qualified inspector and properly documented.
• 1:16
  These inspections cover critical safety components including brakes, steering systems, tires, and lighting, and missing records raise serious questions about a carrier's compliance.
• 1:27
  Because a fully loaded tractor-trailer can weigh up to 80,000 pounds, a brake defect or tire failure on I-93 or the Southeast Expressway can produce devastating consequences in moments.
• 1:38
  Massachusetts law reinforces these federal requirements under M.G.L. c. 90, § 19L, which directs the Registrar of Motor Vehicles to adopt regulations requiring carrier compliance with applicable FMCSA rules.
• 1:52
  The statute also authorizes the Massachusetts State Police to enter a carrier's premises, inspect required records, and take possession of evidence revealing safety violations.
• 2:02
  After a crash, an attorney can pursue maintenance and inspection records through the discovery process, and a preservation demand sent early can prevent critical documents from being altered or destroyed.
• 2:13
  At Colucci, Colucci & Marcus, P.C., Boston truck accident lawyer Dino M. Colucci examines maintenance records, DVIRs, and inspection reports to identify whether federal safety requirements were violated before your crash.
• 2:28
  This law firm understands that early legal action is often the difference between preserving vital evidence and losing it forever.
• 2:35
  If a mechanical failure contributed to your accident, you deserve a legal team that knows how to hold carriers accountable under both federal and Massachusetts law.
• 2:43
  Contact Colucci, Colucci & Marcus, P.C., located at 31 Milk St 4th Floor, Boston, MA 02109, United States, by calling 617, 958, 3807 to schedule your consultation and take the first step toward protecting your rights.