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Equipment and Inspections of Commercial Trucks

Equipment Inspection and use

49 C.F.R. § 392.7 requires that "No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed": service brakes, including trailer brake connections; parking (hand) brake; steering mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear-vision mirror or mirrors; and coupling devices.

Emergency Equipment Inspection

49 C.F.R. § 392.8 provides that "No commercial motor vehicle shall be driven unless the driver thereof is satisfied that the emergency equipment required by §393.95 of this subchapter is in place and ready for use; nor shall any driver fail to use or make use of such equipment when and as needed." This refers to fire extinguishers, spare fuses, and warning devices for stopped vehicles (flares, reflective triangles, red flags).

Inspection Cargo and Cargo Securement Devices

49 C.F.R. § 392.9 requires that "A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless . . . cargo is properly distributed and adequately secured; . . . tailgate, tailboard, doors, tarpaulins, spare tire . . . are secured," and the cargo does not interfere with the driver's view ahead or to the sides or movements. The driver must assure compliance before starting a trip, and again after 50 miles, any change of duty status, after 3 hours, or after 150 miles, whichever comes first. This rule does not apply "to the driver of a sealed commercial motor vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a manner that makes inspection of its cargo impracticable."

The Regulatory Guidance addresses situations dealing with sealed loads.

Client Reviews
★★★★★
"My family hired Ken after our parents were killed in a trucking accident in GA in 2013. We worked with Ken for 19 months before our case settled. During this time I thought Ken was outstanding. He was accessible to us at all times and maintained consistent communication. He was patient with us and took time to explain the finer points of law. While we avoided going to trial, he prepared diligently and I felt like he was leaving nothing to chance. I am relieved that our case is complete and I will miss working with Ken. He was very thoughtful and caring while helping us to stay relaxed. I would highly recommend him to anyone who requires these types of services." David U., Client, Vermont
★★★★★
"When tragedy struck our family in the form of the wrongful death of our son and caused me physical injuries and changed our lives forever, we dragged our feet about hiring a lawyer. I didn't want to face having to go through the stress. Big mistake. The first thing you do is hire local counsel. I found Mr. Shigley by surfing the web, and we got a listening ear. He was realistic, professional and worked very hard in our behalf. Not only that, he showed a genuine concern for our family, and ran interference for us on a number of issues relative to our case. If I had it to do over again, I would have hired him sooner." Carolyn R., Newnan, GA
★★★★★
"After my parents were killed in a tractor truck accident on December 2013, he fought hard against the insurance companies to help my brother, sister, and I. He was honest and always available to answer any questions I had. Ken went out of his way to meet with my brother and I while on vacation in New England. He was awesome in explaining everything to us in detail and looked out for us with every step of the lawsuit. I would highly recommend him." Joan M., Client, Massachusetts
★★★★★
"I first met Ken when I watched him try a very difficult case involving catastrophic injuries. He was an incredibly effective advocate and was able to obtain justice for his client. I have since come to know him as one of the state's leading trial lawyers, particularly in trucking cases, which involves complex regulatory and legal issues not involved in other types of cases. I do not hesitate to recommend Ken for any kind of personal injury case." John H., Attorney, Atlanta
★★★★★
"Ken Shigley is an excellent trial lawyer in the area of commercial trucking. He knows the specialized rules for handling truck wreck cases for the victims and their families when tractor-trailers leave a devastating loss, catastrophic injuries and deaths. He is an advocate who understands the impact on his clients and is highly effective in bringing them justice." Myles E., Attorney, Atlanta