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A truck with worn brakes, bald tires, or a needed repair that a trucking company delayed can change a family’s life in seconds. If you or someone you love was hurt in a crash like this, you deserve to know whether the trucking company followed the law. Federal rules under 49 C.F.R. Part 396 require motor carriers to systematically inspect, repair, and maintain vehicles subject to their control. When a maintenance violation contributes to a crash, it can become important evidence in an injury claim.
At Colucci, Colucci & Marcus, P.C., Boston truck accident attorney Dino M. Colucci represents people injured in serious commercial truck crashes. Our team understands the FMCSA maintenance and inspection rules that apply in Massachusetts truck cases. We examine maintenance records, inspection reports, and other evidence to identify potential violations of federal safety requirements.
This page covers FMCSA maintenance and inspection rules, evidence of violations, potential liability, damages, and filing deadlines in Massachusetts truck accident cases. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your case. Early legal action can help preserve important records and other evidence needed to support your claim.
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Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
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Federal law requires motor carriers to systematically inspect, repair, and maintain the vehicles under their control. These requirements come from the Federal Motor Carrier Safety Administration (FMCSA) under 49 C.F.R. Part 396 and apply to carriers and employees responsible for vehicle maintenance. Carriers must address safety problems that could affect a truck’s operation.
Part 396 covers routine vehicle checks, repairs, maintenance, and periodic inspections. Parts and accessories must be kept in safe operating condition, with safety-related defects addressed before the vehicle returns to service.
One way carriers identify and document safety problems is through Driver Vehicle Inspection Reports (DVIRs). Under 49 C.F.R. § 396.11, a driver is not required to prepare a DVIR when no defect or deficiency is discovered or reported. If a DVIR identifies a defect that could affect safe operation, the carrier must repair it or certify that repair is unnecessary before the vehicle is operated again. Required DVIRs must be retained for three months.
These reports can become important evidence after a truck accident. A DVIR showing that a brake problem was reported but not corrected, for example, can help establish what the carrier knew before the crash.
In addition to driver-reported defects, federal rules require periodic inspections of commercial vehicles. Under 49 C.F.R. § 396.17, each commercial motor vehicle must undergo an inspection at least once every 12 months. The inspection must be performed by a qualified inspector and properly documented.
Periodic inspections check safety-related components such as brakes, steering systems, tires, and lighting. Missing or incomplete inspection records can raise questions about whether the carrier followed Part 396 requirements.
Key Takeaway: FMCSA rules require motor carriers to maintain safe vehicles and address defects that could affect their operation. DVIRs and periodic inspection records can help show whether a carrier complied with these requirements before a crash.
When a truck crash involves possible maintenance or inspection failures, determining what the carrier knew and whether it followed federal safety rules can be important to the claim. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your case and learn about your legal options.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Federal rules set specific retention periods for trucking records. Under 49 C.F.R. § 396.3, carriers must retain vehicle identification information, maintenance schedules, and records required for vehicles controlled for 30 consecutive days or more. These records must also be kept for six months after the vehicle leaves the carrier’s control. Required DVIRs must be kept for three months under § 396.11, while periodic inspection reports must be retained for 14 months under § 396.21.
After a crash, an attorney can seek maintenance and inspection records through the discovery process once a lawsuit is filed. Subpoenas can also be used when appropriate to obtain records from third parties. Before litigation begins, a preservation demand can help prevent relevant documents, electronic data, and physical evidence from being altered or destroyed.
Preserving maintenance and inspection records early can provide important evidence about the condition of the truck before the collision. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your case and the steps available to secure relevant evidence.
Maintenance violations can lead to mechanical problems that make a commercial truck harder to control or stop safely. Because a fully loaded tractor-trailer can weigh up to 80,000 pounds, failures involving critical components can result in serious crashes.
Brake defects are one example. Brakes that are out of adjustment, leaking air, or excessively worn can increase stopping distance or contribute to a loss of control. On busy Boston routes such as I-93 and the Southeast Expressway, or on height-restricted roadways like Storrow Drive where trucks illegally enter and strike low overpasses, these problems severely heighten collision risks.
Tire problems can also affect a truck’s stability and handling. An underinflated or worn tire can fail while the truck is moving, causing the driver to lose control or leave the travel lane. Defective brake lights, turn signals, or reflectors can also prevent other motorists from receiving adequate warning when a truck slows, stops, or changes direction.
Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 if a mechanical problem contributed to your truck accident. Our team can help identify maintenance and inspection records that could support your claim.
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Massachusetts law reinforces federal motor carrier safety requirements. Under M.G.L. c. 90, § 19L, the Registrar of Motor Vehicles must adopt regulations requiring interstate and intrastate motor carriers to comply with applicable FMCSA rules in Title 49 of the Code of Federal Regulations. These requirements include rules governing driver vehicle inspection reports and maintenance records.
The statute also authorizes the Massachusetts State Police to enter a carrier’s commercial premises during business hours and inspect required records. If those records contain evidence of violations, an inspecting officer can make or arrange for copies and take possession of them. Records from a prior terminal audit or enforcement action can also provide information about earlier safety violations.
M.G.L. c. 90, § 19L also establishes civil penalties for motor carrier safety violations. The amount depends on the type and seriousness of the violation, with penalties determined by the court and paid to the Commonwealth’s Highway Fund.
| Type of Violation | Civil Penalty Under M.G.L. c. 90, § 19L |
|---|---|
| Recordkeeping violation | Up to $500 per offense; each day is a separate offense, with a maximum of $2,500 for offenses relating to any single violation |
| Serious pattern of safety violations found in a terminal audit, other than specified excluded violations | Up to $1,000 per offense, with a maximum of $10,000 for each pattern |
| Substantial health or safety violation that could reasonably lead to, or has resulted in, serious personal injury or death | Up to $10,000 per offense |
| Certain employee violations involving gross negligence or reckless disregard for safety | Up to $1,000 |
These civil penalties are separate from compensation sought by someone injured in a truck accident. Evidence of a safety or recordkeeping violation can also be relevant when determining whether the carrier failed to meet its legal duties.
State inspection and enforcement records can provide another source of evidence when a carrier has a history of safety violations. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss the circumstances of your truck accident and the next steps for your claim.
Responsibility for a maintenance-related truck crash can extend beyond the driver. Depending on who controlled, maintained, or supplied the truck and its components, more than one party can be responsible for the conditions that contributed to the crash.
Under Part 396, motor carriers must systematically inspect, repair, and maintain vehicles under their control. A separate fleet owner can also face liability when its role in controlling or maintaining the vehicle contributed to an unsafe condition.
Motor carriers often hire outside shops to service their vehicles. A maintenance contractor can be responsible when negligent repairs, missed defects, or improperly certified work contribute to a crash. Work orders, invoices, and service records can help identify who performed the work and what repairs were completed.
A truck component can fail even when the vehicle has been properly maintained. If a defective brake component, tire, coupling, or other part contributes to a crash, the manufacturer can face liability under product liability law. Preserving the failed component is often important for determining whether a defect caused or contributed to the failure.
Key Takeaway: Responsibility for a poorly maintained truck can involve the motor carrier, fleet owner, maintenance contractor, or parts manufacturer, depending on each party’s role in the vehicle’s condition.
Identifying every responsible party can affect the evidence needed and the sources of compensation available after a truck crash. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss who could be responsible for your injuries.
Proving that an FMCSA maintenance violation contributed to a crash requires evidence connecting the safety problem to the collision. Maintenance records, electronic data, and prior inspection reports can help establish what went wrong and what the carrier knew before the crash.
DVIRs and maintenance logs can show when a defect was reported, what repairs were performed, and whether the problem remained unresolved. For example, a record showing a brake defect shortly before a crash, without documentation of a repair, can support a claim that the carrier failed to address a known safety problem. Missing or inconsistent entries can also raise questions about the accuracy of the carrier’s records.
A truck’s electronic control modules can contain data recorded before or during a crash. The information varies by manufacturer and system but can include vehicle speed, engine speed, throttle position, brake-switch status, and fault codes. Preserving this data promptly is important because some information can be overwritten or become unavailable.
Roadside inspection reports and Federal Motor Carrier Safety Administration (FMCSA) Safety Measurement System (SMS) data can identify previous inspection violations and safety patterns. These records can provide context about prior maintenance problems or whether the carrier had notice of similar issues, but they do not establish that a specific defect caused the crash.
Building the connection between a maintenance violation and a truck crash often requires evidence from several sources. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss what records and electronic data could be relevant to your case.
Dino M. Colucci is the founding partner and lead trial counsel at Colucci, Colucci & Marcus, P.C. He has represented clients in complex personal injury and civil litigation since 1988, including commercial trucking accidents, motor vehicle crashes, product liability, and wrongful death matters. His decades of litigation experience include handling cases involving serious injuries and complex questions of liability.
A Suffolk University Law School graduate, Dino has earned an AV Preeminent rating from Martindale-Hubbell and has been selected as a Massachusetts Super Lawyer annually since 2012. His experience includes securing a $2.5 million wrongful death settlement against a worldwide trucking company. He has also taught trial evidence and technique as an adjunct professor at Suffolk University Law School.
As managing partner of Colucci, Colucci & Marcus, P.C., Darin Colucci handles personal injury and civil litigation with a focus on trial advocacy. His practice includes tractor-trailer liability, motor vehicle accidents, product liability, wrongful death, and other serious injury cases. He has helped secure significant verdicts and settlements for clients in complex litigation.
Darin graduated cum laude from Suffolk University Law School, where he served on the Suffolk University Law Review. His professional recognition includes selection as a Massachusetts Super Lawyer annually since 2017 and recognition by The National Trial Lawyers as one of the country’s Top 100 Trial Lawyers. He has also been invited to provide legal commentary on personal injury and litigation issues for WBZ Radio.
Matthew J. Marcus is a partner at Colucci, Colucci & Marcus, P.C. whose practice focuses on estate planning and elder law. His background also includes disability law, guardianship, and related planning matters. He has extensive experience helping individuals and families address long-term legal and financial planning needs.
Matthew earned his J.D. from Suffolk University Law School and an LL.M. in Taxation from Boston University School of Law. He has been selected as a Massachusetts Super Lawyer annually since 2006 and has held leadership and teaching roles in the elder law field. His experience includes serving as faculty for MCLE programs and Suffolk University Law School’s Elder Law Institute.
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Mistakes after a truck accident can make it harder to protect your claim and preserve important evidence. These include signing a release or accepting a settlement before the extent of your injuries is known, giving a recorded statement to the trucking company’s insurer without legal advice, and waiting too long to seek legal help.
Another mistake is relying on the police report as the only source of evidence. While it documents important details about the crash, it often does not include maintenance records, inspection reports, or electronic data that can show whether a mechanical problem contributed to the collision.
It is also important to preserve the truck before it is repaired, sold, or scrapped. Changes to the vehicle can alter or destroy evidence of a brake, tire, or other mechanical failure. A prompt preservation demand can help protect the truck and other evidence relevant to the claim.
Taking the right steps after a crash can help protect your claim and avoid problems with important evidence. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your legal options.
A maintenance-related truck crash can result in economic and non-economic losses. The compensation available depends on factors such as the severity of the injuries, medical expenses, lost income, and the long-term effects of the crash.
Recoverable damages can include:
If a truck crash results in death, Massachusetts wrongful-death law also allows punitive damages when the death results from malicious, willful, wanton or reckless conduct or gross negligence. Whether the conduct meets this standard depends on the facts and evidence.
The full value of a claim can include both current losses and expenses that continue after the crash. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss the compensation available based on your injuries and losses.
Massachusetts law requires most personal injury lawsuits to be filed within three years after the claim accrues. In a truck accident case, this often means three years from the date of the crash. However, certain exceptions and tolling rules can change when the filing period begins or ends, so the specific deadline depends on the circumstances of the case.
The statute of limitations sets the deadline for filing a lawsuit, but it does not determine how long important evidence will remain available. Maintenance records, DVIRs, and electronic data have different retention periods, and some evidence can be overwritten, discarded, or lost before the three-year deadline. Taking action early gives an attorney more time to preserve this information and determine whether a maintenance or inspection failure contributed to the crash.
Knowing the filing deadline is only one part of protecting a truck accident claim. Contact Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for help determining the deadline that applies to your case and the steps to take before important evidence is lost.
Colucci, Colucci & Marcus, P.C. represents injured truck accident clients across Boston and the surrounding communities. Our team handles crashes on major Boston routes, including I-93, the Southeast Expressway, and the roads feeding the city’s freight corridors.
Beyond Boston, we serve clients throughout Massachusetts, drawing on decades of trial and litigation experience. Our office is located at 31 Milk St, 4th Floor, Boston, MA 02109, and you can reach us at (617) 958-3807 for a free consultation.
An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
A serious truck crash can leave you facing medical expenses, lost income, and questions about what caused the collision. When poor maintenance or an inspection failure is involved, preserving maintenance records, electronic data, and physical evidence can be important to the claim.
Dino M. Colucci and the attorneys at Colucci, Colucci & Marcus, P.C. bring decades of trial and litigation experience to commercial trucking cases in Boston. Our team examines maintenance and inspection records, identifies potential FMCSA violations, and gathers evidence to determine who was responsible for the unsafe condition of the truck.
Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a free consultation. Our office at 31 Milk St, 4th Floor, Boston, MA 02109 serves injured clients throughout Boston and Massachusetts.
49 C.F.R. Part 396 requires every motor carrier to systematically inspect, repair, and maintain the commercial vehicles it operates, covering daily driver inspection reports, annual inspections, and required maintenance records. A violation of Part 396 can serve as evidence of negligence in a truck accident claim.
Under M.G.L. c. 90, §19L, the Massachusetts State Police may enter a carrier’s commercial premises during business hours and inspect the required records, coordinating these terminal audits with the FMCSA. Municipal police departments are not permitted to conduct terminal audits.
If a carrier destroys or materially alters evidence when it knew or reasonably should have known that the evidence might be relevant to pending or reasonably foreseeable litigation, a Massachusetts judge has discretion to impose spoliation sanctions. Depending on the circumstances, remedies can include allowing evidence about the loss and instructing the jury on permissible inferences. Missing evidence alone does not automatically establish spoliation.
The value depends on the severity of the injuries, medical costs, lost income, and the degree of the carrier’s negligence. Cases involving permanent injury or reckless maintenance neglect may support larger recoveries, though results vary and no outcome can be guaranteed.
No. In Massachusetts, violation of a safety statute or regulation is generally evidence of negligence, not conclusive negligence per se. The plaintiff still must establish the required connection between the violation and the injury.
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…