Requesting Records from Trucking Companies After a Port St. Lucie Accident

Various documents and records may prove important after a Port St. Lucie trucking accident. You can use these records to establish negligence in many cases. However, obtaining evidence isn’t always easy after a trucking accident. Your truck accident lawyer in Florida can collect evidence on your behalf while you focus on healing from your injuries. What kinds of records do you need, and how can you obtain them?

What Records Should I Request from Trucking Companies? 

Various records from trucking companies may prove useful as you approach an injury claim:

• Employment Records: Various records may shed light on a trucking company’s hiring practices. The trucker who caused your accident may have been hired under questionable circumstances. How did the company evaluate the trucker before hiring them? Did they look into their driving history? Did they conduct a criminal record check? Employment records can answer these questions – potentially suggesting negligent hiring practices.
• Driver Logs: Applicable laws require truck drivers to maintain driver logs. By examining driver’s logs, you can determine how long the trucker was driving before the crash. Did they take enough rest breaks? Were they driving for longer than 14 hours? These factors may suggest extreme fatigue at the time of the accident.
• Maintenance History: Your lawyer might also examine maintenance records. These records show how often the commercial vehicle was repaired and whether mechanical issues were resolved prior to the crash. Note that some trucking companies falsify these records. Your lawyer may need to investigate them further to determine the truth.
• Drug Testing Data: Many trucking companies subject their truckers to periodic drug testing. Also, after a crash, trucking companies typically do drug and alcohol testing post-crash. You can gain access to this data and determine whether the trucker in question tested positive in the past. What kinds of drugs were they taking? How often did they test positive? These could be important questions as you attempt to prove negligence.
• Disciplinary Records: All trucking companies should maintain disciplinary records. These records show whether the trucker was suspended or reprimanded in the past. For example, they may have crashed on previous occasions. Perhaps they were suspended for violating company policy.

 Time is of the Essence 

Following a trucking accident, important evidence needs to be collected and preserved. EDR data, sometimes referred to as a “black box” is an on board computer which may record the truck’s speed and other valuable data.  Many trucks overwrite this data if not specifically preserved. Immediate preservation is crucial for obtaining and reviewing this data.    You should contact an attorney right away so that evidence like this can be preserved.

How Do I Get Access to Trucking Company Records?

 After an accident, trucking companies are legally obligated to share information with victims. During the discovery phase before a trial, both parties must share documents with each other. Your lawyer can request any records that might be relevant to your case. If the trucking company refuses to share this information, courts can order them to comply.

 Work with a Qualified Truck Accident Lawyer in Port St. Lucie 

A qualified truck accident lawyer can help you collect the evidence you need. Each situation is slightly different, and you may need to pursue specific records. To determine what kind of evidence you might need, speak with a Port St. Lucie personal injury lawyer at Smith, Ball, Báez & Prather today. We’ll help you pursue the compensation you need for medical expenses, missed wages, and emotional distress.

Sources: 

fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers%20Guide%20to%20HOS%202015_508.pdf

csa.fmcsa.dot.gov/safetyplanner/MyFiles/SubSections.aspx?ch=22&sec=65&sub=147