A Trucking Company Records Review Can Expose Negligence
If you have been involved in a trucking accident, it is imperative that you immediately seek the assistance of an experienced attorney. Trucking companies are required by law to keep detailed records of maintenance, driver safety and equipment checks, delivery schedules, and many other areas that can be helpful to your case. Trucking companies are only required to keep these records for a limited duration, which is why it is important to act right away. Our experienced attorneys know exactly what to look for when performing a trucking company records review. The team at our practice serving Central Florida and Polk County, including Lakeland, Bartow, Winter Haven, and Haines City, can use this information to determine liability and expose negligence. If you or a loved one has been affected by a trucking accident and need an aggressive lawyer to represent your best interests, please contact our office to schedule a consultation.
Trucking Company Records
Both state and interstate trucking laws require trucking companies to keep very specific records of their drivers' actions and their vehicles. The information contained in these files can have a dramatic effect on the outcome of your claim. Our experienced trucking accident attorneys can comb through these extensive records and identify data that may swing the case in your favor or influence the amount of compensation to which you are entitled.
Motor carriers have an obligation to inspect, repair, and maintain their vehicles regularly. Federal regulations mandate they are required to keep maintenance records for at least one year. Additionally, the drivers have a duty to perform a pre-trip inspection of the vehicle before departing, and a post-trip inspection upon arrival. Failure on the part of the company or the driver to adhere to these requirements can establish proof of negligence in your case.
Driver Safety Records
Trucking companies must obtain detailed histories of their employees' driving records. During the process of hiring a new driver, employers are required to obtain the driving records for the past three years from the Department of Motor Vehicles (DMV). These records include license suspensions, traffic violations, and any accidents and injuries that the driver was involved with. Motor carriers are also required to ask previous employers if the driver has ever had any safety or substance abuse issues that may affect their driving. The final hiring requirement is a medical examination to identify any conditions that might make the driver unsafe on the road. Although these criteria are outlined in the Federal Motor Carrier Safety Regulations, some companies fail to complete (or blatantly disregard) these important steps for monetary gain. Similar to maintenance records, failure to meet any of these standards can establish negligence on the part of the trucking company.
Drivers are legally allowed to drive a maximum number of hours per day and week. The records of the trucking companies' delivery schedules will indicate if these rules have been violated. This is especially important to establish liability when driver fatigue is suspected.
Our experienced attorneys can identify these or other rules violations during a records review for your case.
Contact Our Firm
If you have been involved in a trucking accident it is imperative that you act immediately to protect your rights. Please contact our office today to schedule a consultation with one of our attorneys.