When a truck accident attorney prepares their case, they often utilize or review written records that truck drivers are required to maintain. Federal law also requires that drivers keep logs that include the hours they are on the road, fueling stops, locations, miles operated, and rest periods.
If you or a loved one have been injured in a truck accident, it’s crucial to have a personal injury lawyer experienced in truck accidents advocating for you. At Shapiro, Washburn & Sharp, our car accident law firm has extensive experience handling these complex cases. We are committed to ensuring our clients receive the compensation they deserve. Contact us today at 833-997-1774 for a free consultation to discuss your case and explore your legal options.
What Is a DQF in a Truck Accident?
One of the most critical pieces of evidence in a truck accident is the driver qualification file (DQF) that is kept by the trucking company that employs the driver. The Federal Motor Carrier Safety Administration (FMCSA), the agency that oversees all commercial carrier companies, requires that a DQF is kept on every driver. The file should contain the following:
- Any medical certifications, as well as results for any medical test results
- Copies of all licenses
- Driving record of the truck driver
- Drug and alcohol test results
- Employment applications
- Personnel records
- Records of service hours
- Records of annual reviews
- Road test results
- The driver’s employment history
- Training certificates
- Vehicle maintenance records
It is not uncommon for a trucking company to not willingly want to provide a truck accident attorney with the DQF, especially if it contains damaging information. If this occurs, your attorney can obtain a subpoena from the court to force the company to turn over the file.
Needless to say, truck company attorneys try to make it difficult for truck accident lawyers to determine whether the truck driver’s negligence caused a serious trucking accident.
How Can a Truck Accident Lawyer Obtain a Truck Driver’s Medical Records?
The truck driver may have a medical condition that contributed to the crash. Your truck accident lawyer will try to obtain medical examinations to establish the truck driver was medically qualified to operate a commercial vehicle. Commercial interstate truck drivers must have routine medical examinations, typically annual or bi-annually, to maintain their commercial driver’s license (CDL). The CDL is required to operate in interstate commerce under the Federal Motor Carrier Safety Regulations. These regulations are administered through the Federal Department of Transportation (DOT).
If our firm cannot obtain this voluntarily through the definitive discovery process from the truck driver or the trucking company, we will issue subpoenas for information to whichever medical practice handled the physicals for that truck driver.
There is also the possibility that the driver may have a history of substance abuse. Depending on the circumstances of the case, your lawyer will subpoena the pharmacy records of a truck driver because the pharmacy records will not only show the medications prescribed but also the doctors who prescribed them. If appropriate, we will issue subpoenas for the medical providers who provided such medication to learn more about the driver’s medical history.
Of course, these medical records may not show whether illegal drugs were used to maintain and fight fatigue or simply because the truck driver used illicit substances. There are other ways that we may be able to show that the truck driver used illegal drugs. There may be a hospital visit and evidence of illicit drug use in the hospital records. A careful evidence search can also lead to evidence of illegal drug use by truck drivers.
Are There Other Ways to Prove Truck Driver Negligence?
There are many other avenues a truck accident lawyer can take to get to the truth: driver logs showing the hours of service, subpoenas for the truck driver’s medical records where relevant, credit card receipts, and records can also show important variables. In some cases, surveillance video footage maintained by highway departments or truck stops can also be relevant.
There are many pieces to putting together a solid tracking injury case on behalf of an injured victim, and that is why it is important to consult with a truck injury attorney with years of experience and prior jury trials in this field.
How Can Your Personal Injury Law Firm Help?
If you or a loved one were injured in a truck accident, do not try to deal with the trucking company and its insurance company on your own. Call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation and find out how we can help get you the compensation you are entitled to. We handle cases on a contingency-fee basis, so you won’t pay any legal fees unless we win your case.