The trucking industry is highly regulated because these large commercial vehicles pose a serious safety risk to other drivers if they are not operated properly. In order to minimize the risk, there are a number of certifications and background checks that must be done to verify the information that the driver provided. The documentation related to these issues, including driver records, licensures, criminal history, alcohol and drug use-related records, and other items, must be kept in a driver’s employment file. This file becomes critically important if there has been an accident.
When a person has been involved in an accident involving a large commercial truck, there often are serious injuries and devastating financial impacts. The skilled Miami truck accident attorneys at Greenberg Stone and Urbano work hard to get the victims of truck driver and trucking company negligence the help that they deserve. Our attorneys have more than 130 years of collective experience in fighting for the rights of those who were harmed because a trucking company failed to take the right steps to ensure that the drivers on the road were safe.
A person who operates a large tractor-trailer or other commercial truck must have the appropriate skills and qualifications to drive. When a trucking company hires a driver, it must conduct the appropriate inquiry into the background of the driver to confirm that he possesses the requisite skills. This includes researching the training that the driver has received, as well as relevant background information. The documents that are gathered during this search must be kept within an official file known as a driver qualification file. The file should contain:
- The driver’s initial application for employment;
- A comprehensive report of the motor vehicle record for the driver. This record should be obtained within 30 days of the hiring of the driver;
- The licensing documents for the driver, including certifications, a CDL, and other related documents;
- A thorough background investigation;
- Specific documents that are based on the hiring date of the driver, which may include employment verifications going back three years or performance records from DOT-regulated trucking companies for a period of three years prior to the hiring of the driver;
- Documents relating to the medical fitness of the driver;
- An annual review of the driver’s operational abilities;
- A report on any and all moving violations (both personal and while operating the truck) for each year that the driver operates a truck for the motor carrier;
- Any specialized certificates; and
- Any other documents relating to the driving prowess of the individual.
After there has been an accident, this official file becomes very important. There are times when a trucking company hired someone who never should have been given the responsibility of operating a massive truck. Although the driver may negligently have caused the accident that injured a victim, the trucking company may share in that negligence if they did not take the proper steps to confirm that the driver had the right background.
Greenberg Stone and Urbano Represents the Interests of Truck Accident Victims
Commercial truck accidents leave massive devastation in their wakes. In order to get the victims of these collisions the compensation that they need, the South Florida truck accident law firm of Greenberg Stone and Urbano investigates every aspect of the case, from the events of the accident to the background of the driver. There are times when it makes sense to include the trucking company in the legal action, especially if the trucking company failed to conduct a proper background check or intentionally concealed negative information in order to get another driver out on the road. With more than 30 years of experience, we know how to gather the necessary evidence to build a strong case. We have earned a peer-reviewed AV rating from Martindale Hubbell, which is the highest rating that a firm can receive. The Miami Herald also has voted us one of South Florida’s top-rated law firms. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can get to work for you.