How Do Lawyers Obtain Driver Safety History?
That’s a common tactic. Insurance companies want to minimize payouts, and one way they do that is by downplaying the driver’s history. But as an attorney practicing personal injury law in San Diego for over 13 years, I know there are numerous ways to uncover a driver’s safety record, even if the company tries to hide it. I was trained by former insurance defense attorneys, giving me intimate knowledge of how these companies evaluate, devalue, and deny claims.
The Federal Motor Carrier Safety Administration (FMCSA) maintains a comprehensive database of commercial driver information. This includes everything from their driving history and violations to their medical certifications and safety audits. Accessing this information isn’t always straightforward, but it’s a critical step in building a strong case against a negligent trucking company.
How Can a Lawyer Access a Truck Driver’s Safety Record?
There are several avenues lawyers use to obtain a truck driver’s safety history. The most direct is through the FMCSA’s Pre-Employment Screening Program (PSP). This program provides access to a driver’s five-year crash history, inspection history, and violation history. However, access is restricted to authorized users, typically motor carriers and their designated third-party administrators. As an attorney, I have established relationships and access to these resources.
Another key source is the Commercial Driver License (CDL) record. Each state’s Department of Motor Vehicles (DMV) maintains a CDL record for every commercial driver licensed within its jurisdiction. These records contain information about suspensions, revocations, and disqualifications. Obtaining a CDL record requires a formal request and often involves a fee. We can also subpoena this information directly from the DMV.
Finally, the trucking company itself is a valuable source of information. Through the discovery process, we can request the driver’s personnel file, training records, and maintenance logs. These documents often reveal a pattern of negligent behavior or a failure to properly vet and train their drivers.
What Information is Included in a Driver’s Safety History?
A comprehensive driver’s safety history can reveal a wealth of information. This includes:
- Crash History: Details of any accidents the driver has been involved in, including the date, location, severity, and contributing factors.
- Inspection History: Records of vehicle inspections, including any violations or defects found.
- Violation History: A list of any traffic violations the driver has received, such as speeding tickets, equipment violations, or logbook violations.
- Medical Certifications: Proof of the driver’s medical fitness to operate a commercial vehicle.
- Safety Audits: Results of any safety audits conducted by the FMCSA or state agencies.
Even seemingly minor violations can be indicative of a larger pattern of negligence. For example, a series of equipment violations might suggest the driver is not properly maintaining their vehicle, increasing the risk of a mechanical failure. A history of logbook violations could indicate the driver is exceeding their hours-of-service limits, leading to fatigue and impaired driving.
Can a Driver’s Safety History Be Used in Court?
Yes, a driver’s safety history is often admissible as evidence in court. However, there are rules governing its admissibility. Generally, evidence of prior accidents or violations is only admissible if it’s relevant to the current case. For example, if the driver has a history of similar accidents, it could demonstrate a pattern of negligent behavior. However, a single speeding ticket from years ago might not be relevant.
It’s important to note that insurance companies will often try to exclude evidence of a driver’s safety history. They may argue that it’s unfairly prejudicial or that it doesn’t prove negligence. As an attorney, I’m skilled at navigating these evidentiary challenges and ensuring that the jury hears the full story.
What if the Trucking Company Refuses to Provide Information?
Trucking companies are often reluctant to disclose information about their drivers’ safety history. They may claim it’s confidential or that it’s not relevant to the case. However, we have legal tools at our disposal to compel them to produce this information. Through the discovery process, we can issue subpoenas and depositions to obtain the necessary documents and testimony.
If the company refuses to comply with our requests, we can file a motion to compel with the court. The court can then order the company to produce the information or face sanctions. It’s important to have an experienced attorney who knows how to navigate the discovery process and hold the trucking company accountable.
How Does Negligent Hiring Play a Role?
Even if a driver has a clean record on paper, the trucking company may still be liable for negligent hiring. This means they failed to adequately vet the driver before putting them behind the wheel. For example, if the company didn’t conduct a thorough background check or didn’t verify the driver’s medical certifications, they may be liable for any accidents the driver causes. CACI No. 426 outlines the elements of a negligent hiring claim.
In San Diego, we often see cases where trucking companies cut corners on hiring and training to save money. This puts the public at risk and can have devastating consequences. If you’ve been injured in a truck accident, it’s important to investigate whether the company was negligent in its hiring practices.
What About Independent Contractors?
Determining liability can be more complex when the driver is an independent contractor rather than an employee. The trucking company may argue that they’re not responsible for the driver’s actions. However, if the company exercised control over the driver’s work, they may still be liable. Labor Code § 2775, California’s ‘ABC test,’ is used to determine if a driver is an employee or contractor.
We will thoroughly investigate the relationship between the driver and the company to determine whether the company exercised sufficient control to be considered an employer. This includes examining the contract between the parties, the company’s policies and procedures, and the driver’s day-to-day operations.
How Long Do I Have to File a Claim?
California law provides a **two-year** window from the date of the truck accident to file a lawsuit. CCP § 335.1 outlines the statute of limitations for personal injury claims. Because trucking companies often begin evidence destruction (like purging ELD data) as soon as the law allows, immediate filing is critical to preserve the integrity of the claim.
Don’t delay in seeking legal representation. The sooner you contact an attorney, the sooner we can begin investigating your case and gathering evidence. We’ll handle all the legal complexities and ensure that your rights are protected.
What if the Accident Involved a Government Vehicle or Road Hazard?
If a truck accident involves a government-owned vehicle or a dangerous road condition maintained by a public entity, a formal administrative claim **MUST** be presented within **6 months** (180 days). Gov. Code § 911.2 details the requirements of the Government Tort Claims Act. Failure to meet this strict deadline can result in the permanent loss of your right to recover.
These claims are often complex and require a thorough understanding of government liability laws. It’s crucial to consult with an attorney experienced in handling claims against public entities.
What if I Was Partially at Fault for the Accident?
California’s ‘pure’ comparative fault system applies to trucking claims. Civ. Code § 1714 dictates that even if a truck driver argues you shared responsibility, you can still recover damages; however, your total compensation will be reduced by your percentage of fault.
The insurance company will likely try to blame you for the accident to minimize their payout. We will thoroughly investigate the accident and gather evidence to prove your case and protect your rights.
As a personal injury attorney in San Diego, I have dedicated my career to helping victims of truck accidents recover the compensation they deserve. If you’ve been injured in a truck accident, please don’t hesitate to contact me for a free consultation.
