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Shockingly, one of the most important things an 18-wheeler accident victim might need to find out is whether the trucker was qualified to drive in the first place. The chief resource for this is the driver qualification file all trucking companies are required to keep under federal safety regulations. Not surprisingly, trucking companies generally refuse to hand over that file voluntarily—it usually takes a lawsuit to get it.
Warning: the contents of that file can be truly startling. And the shock is not necessarily from what’s in it, but what’s not.
Find out how to use this evidence, whether it’s present or absent. Get your questions answered in a free*, no pressure strategy session with a Spartanburg, SC semi-trailer accident attorney. Call toll free at (864) 582-0416 or fill out a Get Help Now form.
Here’s what a driver qualification file is supposed to contain:
During what’s called the discovery process of your lawsuit, your attorney can obtain the driver qualification file for the big rig driver who caused your injuries. The big surprise is that sometimes, that file will have only a few of the required items. Sometimes, the files are completely empty.
If the file is incomplete, the trucking company can’t prove its driver was qualified to drive the truck that hurt you, meaning he shouldn’t have been driving.
Reviewing the file requires a skilled eye and thorough knowledge of federal regulations. Each component of the file must contain specific information required by federal law. Sometimes a review of the file shows it is missing annual driver record road test reviews or medical exams. In other cases, the file shows the driver failing road tests, or road tests given improperly. You might even discover driving records showing traffic violations that make the trucker ineligible to drive.
The impact of driver qualification file on your case is potentially enormous. It can provide proof the trucking company hurt you by turning loose a trucker who federal law forbids from driving an 18-wheeler. It can enhance your case against the trucking company to hold it responsible for carelessly hiring, training, or keeping its trucker employed. You can read more information on that by following the related links listed below.
Holes in the driver qualification file may show the root cause of the crash: the trucking company’s indifference to your safety. Sometimes a violation is so glaring it can increase your chances to obtain punitive damages. But finding these violations is not easy. It requires knowledge how to get the file, then a sharp eye and thorough knowledge of the law to build a convincing case around violations.
If you’ve suffered as a result of a semi-truck crash in Spartanburg, Greenville, Cherokee, Union or anywhere in South Carolina, feel free to contact us in the best way for you to discuss how we can help build a case for you. You can call us toll free at (864) 582-0416, or start an email or live chat right where you are. Also feel free to check out our free report on South Carolina traffic accident cases, which contains a chapter about tractor-trailer cases.
| Related Links:
Holding the Trucking Company Accountable for 18-Wheeler Wrecks |
