If you're the victim of a serious commercial truck accident, the law places the burden of proof on you to show that the truck driver caused your losses. A person could be forgiven for thinking that a police report putting the trucker at fault is all they need, but frankly those reports barely scratch the surface of what a victim must have to make their case before a jury. In the search for clear proof of what happened and who's to blame, sometimes people overlook important evidence like the truck driver's criminal and driving histories. So do you need the truck driver's records for your truck accident case?
Answer: After a commercial truck accident, it's necessary to investigate the truck driver's criminal history and driving records. In many cases they are helpful in establishing a pattern of dangerous behavior, which can help the accident victim prove liability.
In this article we'll look more closely at the value and purpose of those records when seeking to convince a jury that a negligent truck driver was the proximate cause of your injuries.
Driving Records and Background Checks Establish a Pattern of Behavior
One question that comes up in many disputes is that of credibility. Think about it in your own life: If you're like most people, you trust some folks more than others. Why? Because the people you trust most usually don't have histories of negative behavior like lying or stealing. Gaining a reputation for those actions damages their credibility and makes them harder to believe going forward.
Credibility also matters a great deal in legal disputes—particularly ones with high stakes like truck accident lawsuits. Would a jury believe your version of events or the truck driver's? That depends largely on what evidence you can provide. For instance, if your attorney finds out the trucker has a known history of recklessness like speeding or driving drunk, that's certainly something a jury should know. In fact, you'd probably (and justifiably) be dissatisfied with your attorney if they didn't bring it up during the trial.
Those same blots on the truck driver's records might also implicate his employer. Trucking companies are required by law to do background checks on new hires; if their employee had a criminal record or a bad driving history, the company should have known that before putting him on the road. That means either it knew and let the behavior continue, or it was so careless it never checked in the first place. Either way, that's textbook negligence and may mean the company is partly responsible for the damage its employee caused.
Examples
Example 1: A commercial 18-wheeler rear-ends Bobby's car, causing Bobby severe injuries that required major surgery. The truck driver is also injured in the collision and is taken to the hospital, but in the doctors' rush to save him they don't think to test his blood-alcohol content.
Without any more evidence than police reports and witness statements, most decently-skilled attorneys will be able to prove the truck driver caused the crash by failing to control his speed or keep a proper lookout on the road. However, if a more comprehensive investigation shows the trucker had a series of DUI charges on his record, that might change the picture. Instead of a momentary (but serious) mistake leading to the accident, there would be some reason to believe there's another more sinister explanation.
The truck driver's rap sheet would also raise questions about the trucking company: Instead of their liability being solely based on employing the truck driver, the fact that they let someone with that history behind the wheel is a wrong in and of itself—which likely will make a jury more inclined to punish the company as well.
Example 2: Jessica is T-boned by a truck driver at an intersection, but there's some question of who had the right-of-way. Jessica has a clean criminal record, but her attorney learns the truck driver has a checkered past including criminal fraud charges.
There isn't a lot of clear evidence about the crash, which means the dispute largely boils down to a "he said/she said" matter. In an incident like that, the trucker's credibility issues are probably going to tip the case in Jessica's favor because the jury will see that the trucker has a criminal history and Jessica does not.
I could list examples all day long where a trucker's driving and criminal histories could impact a personal injury or wrongful death truck accident case, but I feel you probably have the gist from the two above. It's important to add, however, that the process is far more challenging than the examples may make it seem.
Grossman Law Can Help
Circling back to the start: A truck accident victim typically needs every shred of evidence they can get to hold a reckless truck driver and his employer fully accountable for their bad actions. Thinking police reports and evidence from the scene are enough may seem reasonable, but a thorough investigation extends far beyond those. A particularly important part is tracking down the offending trucker's criminal and driving histories to find out what other harm, if any, he has dealt in the past. Getting those records is rarely a simple task, though, and neither the truck driver nor the trucking company will freely hand them over.
That's where it helps to have the right people in your corner, and experienced truck accident attorneys can be invaluable allies. Grossman Law Offices has helped hundreds of crash victims successfully build cases against negligent truck drivers and the companies who allowed them on the road. If you were hurt or lost a loved one in an accident with a commercial truck, and you believe the truck driver was to blame for your injury or loss, contact Grossman Law today for a free and confidential consultation.
