If you were in a truck accident, consider filing a claim. Contact an Atlanta truck accident lawyer at the Law Offices of Shane Smith today to get started. Getting into a truck accident can be scary. Just the sheer size of a large truck or big rig can cause serious damage, even at very low speeds.
These wrecks can lead to severe and life-threatening injuries, and may even total your vehicle, both of which can rack up some pretty expensive bills. As a victim, you should meet with an Atlanta truck accident lawyer to hold negligent parties accountable.
You can get back those costs by filing a claim against the driver, the carrier, or employer. Though much of your case will rely on evidence at the scene of the wreck, there is another significant piece to the puzzle that you’ll need to ensure your case’s success: the Driver Qualification File.
What is the Driver Qualification File?
A Driver Qualification File (DQF) contains important information and records for a commercial driver as required by the Federal Motor Carrier Safety Regulation. The regulation states that, “Each motor carrier shall maintain a driver qualification file for each driver it employs,” meaning that any carrier found to be in violation of this rule is subject to a fine and audit from the Department of Transportation.
According to Atlanta truck accident lawyer Shane Smith, the DQF is one of the most important pieces of evidence in a truck accident claim. This file, kept on record at the trucking company or employer of the driver, contains loads of valuable information and documents that could help your case. Items in the DQF must include:
• Any employment applications;
• Driving records;
• Copies of valid licenses;
• Road test results;
• Annual review records;
• Vehicle maintenance records;
• Personnel records;
• Medical certifications;
• Hours of service records;
• Alcohol and drug test results;
• Employment history; and
• Any training certificates.
In addition to having a DQF on record, all commercial drivers must meet the following qualifications as set by the Federal Motor Carrier Safety Administration: be at least 21 years of age, be in good health and physically able, possess the ability to speak and read English, know how to load and secure cargo, be able operate the vehicle safely, have a valid commercial driver’s license, pass a driving test, and have a valid medical certificate.
If you’re in a truck accident and the driver employee does not have DQF or any of the above qualifications on record, this could show negligence on their (or their employer’s) part, and can help increase your case’s chance of success.
Getting the DQF
An experienced lawyer is your best bet for acquiring the Driver Qualification File of the driver involved in your accident. Many transportation companies and carriers are reluctant to provide DQFs, as they may show that they or their drivers were negligent and at-fault in the accident or its causes. This could cost them money and valuable resources. It may be necessary to subpoena the company or carrier for the DQF; you will need the help of a legal professional to do so.
