If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.
When you are building a personal-injury lawsuit against a trucking company due to an accident that you got into with a commercial truck, it is vital that your lawyer requests access to the driver records for the driver who was behind the wheel at the time of the accident that you were involved in. When the trucking company hands over their driver records, here are three things you need to check up on that could potentially strengthen your case.
#1: Driver Qualifications
Trucking companies are not allowed to hire anyone that they want to hire. Federal law requires that truck drivers meet certain qualifications, and it is up to trucking companies to make sure that all of their drivers meet those qualifications.
To start with, all drivers who drive a commercial vehicle are required to hold a CDL or commercial driver's license. One usually has to go through extensive training and school in order to obtain one of these licenses.
Next, drivers have to meet certain health requirements. They have to undergo a physical examination to ensure that they don't have any health issues that would endanger themselves or others on the road.
Finally, trucking companies must have an accurate picture of any driving violations before hiring a driver. Failure to ensure that candidates hold the right license and are qualified to meet the physical demands of the job can strengthen your case.
#2: Up-to-Date Records
Trucking companies have to keep driver records accurate and up to date. That means that they need to run a search for and update any driving violations that one of their driver has on a yearly basis.
They also have to regularly screen their drivers for drug use. If drug use is found, the trucking company has to provide appropriate intervention and keep the driver off the road or terminate their employment.
If a trucking company does not check up on their driver's records or take appropriate action when their drivers fail a drug test, this can strengthen your case against the company.
#3: Driving Hours
Finally, trucking companies must also monitor all of their drivers' hours. The company must regularly check the drivers' logs and make sure that drivers are not on the road for more hours then they should be every week and make sure that drivers rest for the appropriate amount of time.
If you find evidence that the trucking company forced drivers to stay on the road for extra hours, routinely ignored drivers breaking federally establishing driving-hour rules, or did not monitor their driver's log books, your case against the trucking company will be strengthened.
Make sure that you and your attorney look over the employee records very carefully; any misstep by the trucking company will reflect poorly on them and will strengthen your personal-injury case.
For more information, talk to a law firm such as Wolter, Beeman & Lynch.
Share6 October 2016
