In some truck accident injury cases, critical evidence lies hidden far from the accident scene. The truck driver’s employment records can point to faulty hiring practices, failure to screen, and other negligent acts and patterns of behavior on the part of the trucking company.
D. Miller & Associates attorneys have extensive experience investigating truck driver employment records to uncover careless practices that place unqualified truck drivers on Texas roads. Such investigations can prove pivotal in a truck accident injury claim, opening additional and significant sources of compensation for accident victims.
How Employment Records Influence Truck Accident Injury Claims
A successful personal injury claim depends upon documented evidence of negligence or wrongdoing. In a claim arising from a truck accident, the carrier’s employment records can prove especially useful, as they may point to violations such as:
- Hiring drivers with inadequate training or qualifications
- Failing to conduct required background checks
- Retaining drivers with a history of safety violations or accidents
- Inadequate supervision or monitoring of driver performance
- Failure to provide required safety training
- Violations of federal hours-of-service regulations
- Failure to conduct drug testing or discipline drivers for substance abuse violations
A skilled lawyer conducting a truck accident investigation knows how to obtain and analyze employment records and other evidence and use them to maximum effect in settlement negotiations or at trial.
How We Investigate Employment Records
Uncovering employment violations in a truck accident case is not always straightforward. We tackle these tough cases with sophisticated investigative tools and a tenacious pursuit of the facts by:
Identifying the Driver’s Employment Relationship
Pinning down the relationship between the driver and the carrier is often the first challenge in a claim questioning a truck driver’s qualifications. This is more straightforward when the driver is directly employed by a trucking company. When the driver is classified as an independent contractor, we may need to determine if that classification is accurate, or just a tactic the carrier uses to avoid liability.
Preserving Employment Records Before They Disappear
Critical records can disappear quickly after a serious truck accident. We take fast action to preserve and obtain documents that may shine a light on negligent hiring, training, and supervision, such as sending spoliation letters that put trucking companies and other parties on notice that they must retain key records.
Obtaining Records Through Discovery and Subpoenas
Many employment records are not publicly available. We use discovery requests, subpoenas, depositions, and other legal tools to obtain important evidence like:
- Driver qualification files
- Employment applications and hiring records
- Training and continuing education records
- Disciplinary and performance records
- Drug and alcohol testing results
- Commercial driver’s license (CDL) and driving history records
- Safety violation reports and prior crash records
- Internal communications regarding the driver’s conduct or qualifications
These records can provide valuable insight into truck driver qualifications and may reveal whether a trucking company hired, retained, or supervised a driver who posed an unreasonable risk to the public.
Comparing Employment Records Against Safety Regulations
Once we obtain the records, we analyze them alongside Federal Motor Carrier Safety Administration (FMCSA) trucking regulations and industry standards to help us identify potential violations that placed a dangerous and unqualified truck driver behind the wheel.
Get the Most Out of Your Truck Accident Injury Claim
We want to build the strongest possible case on a client’s behalf and pursue all available sources of compensation.
If a trucking company’s negligence contributed to your injury, this can significantly increase the total amount of compensation available to you.
Let Us Help You Identify All Liable Parties
If a freight carrier’s hiring process for truck drivers caused you harm on the road, you deserve compensation. The attorneys at D. Miller & Associates can investigate truck driver employment records and other crucial evidence to determine if and to what extent the trucking company is liable for your injuries. Contact us today to arrange a free legal consultation with a knowledgeable member of our team.
