A truck driver’s employment file can help prove fault in a New Mexico truck accident claim by showing a breach of the duty of care, causation for the wreck and employer vicarious liability – all key elements in a truck accident case. An employment file can contain critical documents, such as hiring records, logbooks, training and violation history, that can serve as important pieces of evidence.
What Information Is Found in a Truck Driver’s Employment File?
A truck driver employment file, also known as a Driver Qualification File (DQF), must be maintained by trucking companies under the rules of the Federal Motor Carrier Safety Administration (FMCSA).
This file contains many documents, records and information relevant to the truck driver’s employment qualifications, such as:
- General driver identification information
- The driver’s motor vehicle record and road test certificate (or equivalent)
- A Medical Examiner’s Certificate
- The driver’s original application for commercial driving employment
- A list of employers for whom the commercial driver has operated a commercial motor vehicle in the last 10 years
- Employment safety performance history for the prior three years
- Details of any accident in the driver’s history
- Any violations of alcohol and drug restrictions under 49 CFR 382 or 49 CFR 40
A commercial driver’s DQF will contain many important pieces of information showcasing the driver’s qualifications, training, medical history and what makes them uniquely suited to operate the truck. However, it will also highlight potential risks, such as any noted legal or driving violations.
How an Employment File Can Establish Fault for a New Mexico Truck Accident
In New Mexico, a truck driver or trucking company can be held liable (financially responsible) for a truck accident if there’s evidence of negligence, or a lack of proper care used, by the defendant (accused party). A truck driver’s employment file may provide proof of negligence by the trucking company and/or truck driver in relation to the collision.
A driver’s DQF may show evidence of past accidents, for example, which could prove that the driver has a habit of making careless, reckless or irresponsible decisions behind the wheel. If the driver was not properly qualified to operate the commercial truck, this could point to negligence by the trucking company in hiring or training the driver.
The driver’s employment records may also prove trucking company negligence by pointing out a lack of proper driver supervision. If an untrained driver is permitted to operate a truck solo, for example, this can strengthen a claim stating that the driver was a known risk and that the company should have prevented him or her from operating the big rig.
How to Support Your Truck Accident Claim With Strong Evidence
Trucking accident cases in New Mexico involve many unique types of evidence. In addition to the Driver Qualification File, the truck’s black box, electronic logging devices, truck maintenance and inspection reports, and federal compliance records may all help prove negligence.
If you get injured in a truck accident, the best way to build your case is by contacting a qualified truck accident attorney in New Mexico as soon as possible to schedule a free consultation. An attorney can take steps to preserve and collect key types of evidence, including the truck driver’s employment file, before anything can get tampered with, lost or destroyed. The lawyer can then build a case around the available evidence to optimize your outcome.