A truck driver’s driving record can be integral to a semi-truck accident case in Florida. It is a key piece of evidence that can implicate the trucking company for negligent hiring practices and call the trustworthiness of the defendant’s testimony. If the company failed to perform its due diligence, they could be liable along with the driver.
While the driving record can’t be used as direct evidence of negligence for the driver, it can be used against their employer. It can also be used to catch someone in a lie during depositions that can call their testimony into question.
Why The Truck Driver’s Driving Record Matters
A truck accident attorney will search for the trucker’s driving record to see if they have a history of previous offenses.
If the driver did have a record, why did the trucking company allow them to drive in the first place? A poor driving record should constitute a red flag for motor carriers as a liability and a hazard to other motorists. This is especially true if there is a criminal conviction present, such as a DUI.
The Trucking Company May Be Negligent
Hiring a driver who’s had his license suspended multiple times probably doesn’t bode well for the future. If your commercial truck accident lawyer discovers that the trucking company had a record of the driver’s history of accidents, moving violations, or criminal behavior but hired them anyway or failed to remove them after the offenses occurred, you can hold the motor carrier liable for negligence.
You Cannot Use A Driving Record As Direct Evidence Of Driver Negligence
You cannot use a person’s driving record or criminal history during civil or criminal proceedings. This kind of character evidence falls under the “prior acts” rule, so it’s typically not admissible as direct evidence of negligence. In fact, if you open up the door to morally attack the defendant, then their defense could use that same door to attack your moral character as well.
However, your attorneys can use criminal and driving history to catch someone in a lie during depositions. If they, for example, say they’ve never gotten a ticket and we have evidence to the contrary, we may be able to call their testimony into question. If they lie about something as simple as a ticket, perhaps they lied during their testimony of the accident, as well.
Trucking Companies Have A Legal Duty To Check A Truck Driver’s Records
As licensed motor carriers, trucking companies have a legal duty to perform background checks that look into driving records and criminal offenses prior to hiring. Even after it hires a truck driver, the company is responsible for conducting annual reviews.
Federal regulations from the Federal Motor Carrier Safety Administration require trucking companies to maintain a driver qualification file that houses the driver’s record of violations from licensing authorities. The record of violations must remain on file for three years. Further, the motor carrier must conduct an annual review of the driver’s motor vehicle record (MVR) to identify any accidents or moving violations since joining the company.
Driving Record And Background Checks Prevent Truck Accidents
Background checks prevent the motor carrier from putting a driver who is ill-suited for the responsibilities of commercial trucking on the road. However, all too often, trucking companies throw out the rules.
Sometimes a company will fail to perform a thorough background check or will ignore what they discovered. Trucking businesses bring in a lot of money, but there is a limited number of available drivers. To keep their operations moving, motor carriers may cut corners, hiring or retaining truck drivers who are unfit for the job.
Unfortunately, driver inexperience and error are two major causes of trucking accidents according to the FMCSA. These kinds of negligence often fall on the employer, as they ignored red flags or failed to properly prepare their drivers.
Information On The Truck Driver That Lawyers Look For
To secure compensation from a negligent employer, a truck accident lawyer may search for:
- Moving violations such as speeding, reckless driving, running a red light, illegal turns, etc.
- Criminal DUI, drug possession, drug trafficking, domestic abuse, fraud, theft, etc.
- Violations of federal regulations such as weight limit violations, hours of service violations, or logbook violations
- Employment history
- Complaints, or disciplinary actions against the driver
- Previous motor vehicle accidents
- Prior lawsuits brought against the driver
- Other relevant legal trouble
Let The Law Offices Of Anidjar & Levine Look Into Your Semi-Truck Accident
As you can see, the truck driver’s background and driving record can play an important role in your commercial truck accident case. The driver’s history can prove that the trucking company was negligent and, potentially, that the at-fault driver’s testimony can’t be trusted.
If you were in a truck accident in Florida, call the Law Offices of Anidjar & Levine. We’ll help you prove the truck driver was at fault for the crash using a proper collection of evidence. We will work to get you the money you deserve.
We Can Help.
