WHO IS RESPONSIBLE FOR MONITORING A TRUCK DRIVER'S TRAFFIC RECORD?
Posted By Robert Sparks || May 2, 2013
Truck accident cases can present a challenge to plaintiffs. Plaintiffs will face venue issues, different state and federal laws, and host of other challenges related to the investigation and gathering of evidence. One crucial piece of the evidence process is the investigation of the truck driver’s traffic record.
In recent years, the law has changed and has held the trucking companies responsible for monitoring the driver’s traffic citations. Previously, the burden rested on the driver to report his driving record to the company, but now there is an affirmative duty for the company to obtain their employees’ driving records annually. This affirmative duty helps the plaintiff obtain discovery or evidence to address the past history of a truck driver that has been involved in a trucking crash.
This citation history and related traffic records will establish if a driver has ever had any previous suspensions. A trucking license suspension can be triggered in several ways, which almost all fall under statutory violations. These suspensions can be triggered when a driver or vehicle violates out-of-service orders when transporting hazardous materials, if the driver leaves the scene of an accident, if the driver has been operating the truck under the influence of alcohol, or for other traffic violations including excessive speeding and failing to obey traffic control devices.
The investigation of the driver’s traffic record is crucial when analyzing a trucking accident involving a personal injury. Thankfully, the laws impose an affirmative duty on the trucking companies to maintain and monitor a driver’s traffic citations. If you or a loved one has been injured as a result of a trucking accident, we invite to contact Givens Givens Sparks for a free case evaluation.