Truck accidents rank among the most severe types of motor accidents. Truck accidents frequently result in severe bodily harm, permanent impairment, or fatalities due to the scale and mass of the vehicles involved. 

Truck accident victims are required to bear both financial and non-financial losses. Damages can be recovered through the filing of a truck accident claim. Utilizing evidence is crucial to supporting your claim. In Pennsylvania, a truck driver's driving record may be critical to a case involving a semi-truck accident. This important evidence has the potential to establish the transportation company as liable for negligent hiring practices and cast doubt on the reliability of the defendant's testimony. Both the company and the driver could be held liable if the company neglected to conduct its due diligence.

Although the driver's driving record cannot be used to directly establish negligence for the driver, it can be used against their employer.

Learn more about how the driving record of a truck driver can be used as evidence when filing a truck accident claim in PA by reading on.

What Is the Significance of the Truck Driver’s Driving Record After a PA Truck Accident?

An attorney specializing in truck accidents is going to do a search of the truck driver's driving record to identify any prior offenses.

If the driver did have a record, why did the trucking company initially allow the driver to drive? Motor carriers should be aware of the possibility of liability and danger to other drivers if they employ drivers who have a bad driving record. This is especially true in cases where there is a criminal conviction—like a DUI—present.

Employing a driver whose license has been suspended on multiple occasions is probably an unfavorable indicator for the future. You may hold the motor carrier liable for negligence if your truck accident attorney learns that the trucking company had a record of the driver's accidents, moving violations, or criminal behavior but hired them anyway or failed to remove them after the offenses occurred.

A person's criminal or driving record cannot be used during civil or criminal proceedings. Character evidence of this type is generally not admissible as direct evidence of negligence since it is subject to the "prior acts" rule. It's possible for the defense to take advantage of the same opportunity to attack your moral character if you attack the defendant's moral character.

However, during depositions, your attorneys may be able to expose someone's lies by using their criminal and driving histories. For instance, if they claim they have never received a ticket and your attorney has evidence to the contrary, the attorney might be able to challenge their testimony. If they fabricate information regarding something as basic as a ticket, it's possible that they also lied when testifying about the accident.

Are Trucking Companies in PA Legally Required to Conduct Background Checks on Their Drivers?

Trucking companies, in their role as licensed motor carriers, are required by law to conduct background checks that include criminal records and driving records prior to the hiring process. The company is obligated to perform annual evaluations even after it has employed a truck driver.

Federal regulations set forth by the Federal Motor Carrier Safety Administration require trucking companies to keep a driver qualification file, which includes the driver's record of violations reported to licensing authorities. Violations must be recorded for a period of three years. In addition, the motor carrier has been required to conduct an annual review of the driver's motor vehicle record (MVR) for the purpose of identifying accidents or movement violations that occurred since the driver commenced employment with the organization.

Comprehensive background checks serve as a safeguard for motor carriers, preventing them from employing drivers who are unsuitable for the demanding duties associated with commercial trucking. However, it is all too common for trucking companies to disregard rules and regulations.

There are instances where an organization neglects to conduct a comprehensive background check or disregards the findings. While the trucking industry generates substantial revenue, its driver pool is limited in supply. Motor carriers may employ or retain improperly qualified truck drivers in order to maintain uninterrupted operations.

(FMCSA) reports that driver error and inexperience are two significant contributors to truck accidents. When employers disregard warning signs or neglect to properly prepare their drivers, they frequently bear responsibility for such negligence.

What Information in a Truck Driver's Records Will a Truck Accident Lawyer Look For?

In order to obtain compensation from an employer who has been negligent, a truck accident attorney may look for the following:

  • Moving infractions such as reckless driving, speeding, illegal turns, and running a red light
  • Theft, fraud, criminal DUI, drug possession, drug trafficking, domestic violence, etc
  • Violations of federal regulations, including but not limited to weight limit, hours of service, or logbook violations
  • Employment background
  • Disciplinary measures or complaints filed against the driver 
  • A history of prior motor vehicle collisions
  • Prior lawsuits filed against the driver
  • Additional significant legal issues

What Other Types of Evidence Can Help My Case After a Truck Accident in Pennsylvania?

Evidence is crucial to the success of your PA truck accident claim. Below are a few types of evidence that can be used to help your case.

Don’t Delay. Get Help From Brandon J. Broderick, an Experienced Pennsylvania Truck Accident Lawyer

In Pennsylvania, there is a two-year statute of limitations on personal injury lawsuits and wrongful death claims. Although this may seem like a long time, it is critical to file your personal injury claim as soon as possible following a trucking accident. Recollections and memories deteriorate with time. Trucking companies might attempt to alter or eliminate evidence. Immediate consultation with a personal injury attorney will assist in maximizing your compensation.

We are committed to providing assistance to clients across Pennsylvania in their truck accident and personal injury cases at Brandon J. Broderick, Attorney at Law. We have the extensive resources and decades of experience necessary to ensure a fair case outcome. Our attorneys prioritize client care while meeting your needs with compassion. 

There is no upfront fee when you retain a Pennsylvania truck accident attorney from the firm of Brandon J. Broderick. Our compensation is contingent upon our success in your case. The insurance company may refuse to cover a portion of the damages or make a lowball offer that hardly covers your needs in the absence of a legal claim. You might be required to personally face the financial burden of treating your injuries. Allow us to transform your setback into a comeback by contacting us today for a free consultation.

Posted by: Brandon J. Bro…
Date: Wed, 04/24/2024 - 21:58

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