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If you have been injured in a truck accident, you can hold the trucking company liable under many circumstances. The experienced California truck accident attorneys at the Law Offices of Preston Easley can help you build a case.
There are many potential sources of evidence that can help you build a truck accident claim. Of course, proof of what the driver did at the time of the accident can help you prove negligence. Other evidence, such as the driver’s employment records, can help provide context for your case and prove that the trucking company failed in their own duties when they hired or continued to employ the driver.
One of the first things that you should do after you or a loved one has been injured in a crash with a commercial vehicle is to contact an experienced California truck accident lawyer. Schedule a free initial consultation with the attorneys at the Law Offices of Preston Easley by calling us today at (310) 773-5207.
Why the Truck Driver’s Employment Records Matter
There are numerous ways that you can hold the trucking company responsible for your accident injuries. Not only is the trucking company vicariously liable for the actions of their driver that happen during the course of their job duties, but you can also independently sue them for negligent hiring and retention. The elements of this lawsuit ground are as follows:
- The driver was employed by the trucking company
- The driver lacked the necessary qualifications, or they proved that they were unable to do the job safely
- The employer knew or reasonably should have known of this when they hired the driver or continued to employ them
- The harm that was caused by the driver was foreseeable to the employer
- The truck driver’s actions were the cause of your injuries
What Records Can You Find in the Truck Driver’s File?
Much of the evidence that you may need to prove a negligent hiring and retention case can be found in the driver’s files. The trucking company may maintain the following:
- Verification of the driver’s credentials and experience
- The operator’s previous driving history before they were employed
- Any safety violations when the driver was on the job
- Drug and alcohol testing records
- The training that the driver has received
If the trucking company has hired a driver they should not have, or they have failed to terminate a dangerous operator, they can face consequences in a lawsuit. Part of the trucking company’s duty of care that they owe all drivers is to keep unsafe operators off the road.
How Truck Driver Records Can Help Your Case
In addition to proving an independent ground of negligence, being able to access the truck driver’s employment files can also help you build your overall case. If you are taking your case to trial, you are attempting to build an overall pattern in which the trucking company ignores regulations and fosters a culture of cutting corners. You may have already proven that the truck driver was negligent at the time of the accident, but you are also attempting to show that the employer has no respect for the law.
In that event, you may be able to persuade a jury to award you punitive damages. They will do this when they are greatly angered by the defendant’s overall conduct. If a jury sees that the trucking company should have never hired the driver in the first place, or they should have fired them before the accident, they may be inclined to order punitive damages. The amount can be even higher if a jury finds that a trucking company has a repeated pattern of this conduct. This will have the effect of greatly increasing the amount of money for which you can qualify.
Employee files constitute evidence that can be crucial for your case, but you must obtain them from the truck and the company’s possession. You would do this through the discovery phase of a lawsuit, where your truck accident attorney has the ability to request relevant evidence. Before you reach that point, there is a risk that the evidence can be lost or destroyed. One reason why you must hire a truck accident lawyer for your case quickly is that they will immediately send the trucking company a spoliation letter, directing them to retain relevant evidence. If the trucking company loses or destroys the evidence after that point, they can face adverse consequences in litigation.
Contact a California Truck Accident Law Firm
The need to preserve evidence is just one of the reasons why timing is of the essence in hiring a California truck accident lawyer. You can begin the legal process by reaching out to us online or by calling us at (310) 773-5207 to schedule a free initial consultation.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
