After a negligent truck driver hits you in Texas, our lawyers will seek to obtain any information that could help your case and strengthen your financial recovery, including the driver’s safety record.
A truck driver’s safety record can show previous accidents, driving violations, and their history as a commercial driver. A poor safety record can affect your settlement in that it can show a driver had a history of negligence, and the trucking company continued to employ them, endangering others on the road. Establishing this could lead to punitive damages in court so that negligent trucking companies might offer larger out-of-court settlements instead. We might have to get a court order to learn a truck driver’s safety record, as this information is not publicly accessible. A driver’s individual safety record won’t affect all cases, like accidents caused by vehicle defects or other passenger car drivers on the road.
For a free and confidential case review, call The Queenan Law Firm’s Dallas truck accident lawyers at (817) 476-1797.
How Can a Truck Driver’s Safety Record Influence Your Settlement Amount in Texas?
A truck driver’s safety record includes information about their crash history and previous driving violations, and having a poor safety record could affect the compensation you receive from a settlement in Texas.
Suppose drivers have histories of causing accidents, exceeding cargo weight limits, driving recklessly, ignoring vehicle defects and needing routine roadside assistance, getting pulled over for traffic violations, driving under the influence, or driving fatigued, and their employers keep them on staff without addressing the problem. Then, say, a driver with a poor safety record hits and injures you. Our lawyers would likely point to the driver’s individual safety record, arguing that the trucking company should not have kept them on staff and, in doing so, is liable for the accident. Trucking companies may also be financially responsible for accidents caused by drivers with good safety records because of vicarious liability.
Letting a routinely negligent commercial truck driver continue operating vehicles could be considered gross negligence, and our lawyers may show the trucking company acted with reckless indifference for the safety of others. Wanting to avoid being liable for punitive damages by a jury, the trucking company may offer you a sizeable out-of-court settlement. When evaluating any settlement offers, our lawyers will ensure they compensate you for all economic and non-economic losses. Even after negotiating a large settlement on your behalf, our lawyers can take your case to trial at any point before you sign the settlement agreement. If the negligent driver’s or trucking company’s safety record is poor, getting punitive damages may be possible, and these damages are only available through jury awards.
How Can You See a Truck Driver’s Safety Record After an Accident in Texas?
Obtaining a truck driver’s or trucking company’s safety record after an accident is vital so that our attorneys can use it to support your compensation claim and negotiate a higher settlement on your behalf.
The Federal Motor Carrier Safety Administration (FMSCA) provides a truck carrier’s company snapshot through its Safety and Fitness Electronic Records (SAFER). SAFER gives the company’s safety rating, identification, size, and other basic information. Our Abilene, TX truck accident lawyers may be able to obtain more detailed information that is not otherwise publicly accessible, like an individual driver’s safety record, through court orders. Judges typically grant these records requests, as negligent drivers’ safety records are relevant to victims’ cases.
Because a truck driver’s safety record can offer more insight into their history and their employer’s response to previous acts of negligence, our lawyers will seek to obtain this information, no matter an accident’s apparent cause.
When Will a Truck Driver’s Safety Record Not Affect Settlement Amounts in Texas?
Though truckers often cause accidents, they are not the only ones who may be at fault for collisions and injuries. For example, if a vehicle defect or another passenger car driver caused a crash, the truck driver’s safety record would not be an issue in your case, nor would it affect your potential settlement.
If a Vehicle Defect Causes an Accident
Sometimes, truck accidents happen and injure victims through no fault of the truck driver. Generally speaking, truckers are employees who operate company-owned vehicles. The carriers are responsible for ensuring vehicles are safe to drive, meaning they must get regular inspections. If an accident happens because of a vehicle defect, the driver’s safety record will not affect the victim’s settlement. What would affect a settlement would be whether or not the accident happened because the trucking company failed to catch the issue because of missed inspections. The manufacturer might be liable if brakes failed randomly because they were negligently designed or produced. Again, the driver’s safety record would likely not be a factor in these situations. However, the company’s safety record could be of interest, particularly if it shows that it has a history of missing inspections or accidents due to vehicle defects.
If a Passenger Car Driver Causes an Accident
Passenger car drivers sometimes act recklessly near large vehicles like trucks, swerving around them to change lanes or not considering a truck’s bigger blind spots when maneuvering. Truckers might react to negligent passenger car drivers, leading to an accident that involves and injures you. In these situations, our lawyers may seek damages against the at-fault passenger car driver, as the truck driver might also be a victim. Because of this, the passenger car driver’s actions would be of concern, not the truck driver who was also involved. Still, thoroughly investigating the crash is important, as accident reconstruction might reveal multiple parties share fault for the incident and the resulting damages.
Call Our Lawyers in Texas for Help with Your Compensation Claim
The Queenan Law Firm can assess your case for free when you call our Grapevine, TX truck accident lawyers at (817) 476-1797.