Most people know that just about any workplace may involve some paperwork, but not every job is as demanding and potentially dangerous as commercial trucking. Making sure the people behind the wheel are up to the task is crucial, which is why it's so important for trucking companies to keep records showing their employees are qualified. But once it's in the system, do they have to do more? Do trucking companies have to maintain records for their drivers?

Answer: Yes, trucking companies are required by federal law to create, maintain, and update records for all drivers in their service.

The Rule

(a) ...Each motor carrier shall make the following investigations and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971:

(1) An inquiry, within 30 days of the date the driver's employment begins, to each driver's licensing authority where the driver held or holds a motor vehicle operator's license or permit during the preceding 3 years to obtain that driver's motor vehicle record.

(2) An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years.

49 CFR 391.23

To sum that up: A trucking company has to verify their potential new hire is properly licensed and ensure they have a clean safety record. While not explicitly stated in the rule above, the company is also obligated to periodically re-check and update their records in case anything changes with respect to the driver's qualifications.

Why Should a Company Care about Keeping Records?

Some people might think that trucking companies focus almost exclusively on picking up and dropping off cargo, but like most businesses there's a lot of paperwork associated with what they do. It's in their best interests to carefully update and maintain all that information, including their driver records. Here are two reasons why:

• Safety - Driver records help monitor and improve safety for individual drivers, the company, and the public. By keeping track of driver history, accident reports, training, and health evaluations, companies can ensure that only qualified and physically capable drivers are on the road. They can also identify patterns of unsafe behavior and address them through training or other corrective measures.
• Operational Efficiency - Driver records help with scheduling and compliance with hours-of-service regulations. Accurate records ensure that drivers don’t exceed their allowable driving time, which helps prevent fatigue-related accidents and optimizes route planning—and keeps the company compliant with federal guidelines.

Those aren't the only reasons a company should stay on top of record-keeping, but they're among the most pressing ones. However, some may wonder why anyone but the companies themselves would care about accurate paperwork.

Why Do Driver Records Matter for Truck Accident Victims?

Another group with a keen interest in the accuracy of truck driver records is truck accident victims. Why? Because those records can have a direct impact on determination of fault, legal accountability, and compensation claims. Here’s a few examples of how driver records contribute to truck accident cases:

• Determining Negligence - Accurate driver records can help establish whether the trucking company or the driver was negligent. If the company failed to maintain proper records, it may indicate that they neglected important safety protocols like hours-of-service violations, driver health or substance abuse concerns, and driver qualifications. Inadequate records might also be a sign they were negligent when hiring and/or supervising their drivers.
• Establishing Liability - Liability for truck accidents may be shared between the truck driver and his employer. If the company failed to maintain accurate driver records, that might suggest a broader pattern of negligence. Such poor recordkeeping could make them more likely to be held responsible for the accident.
• Access to Evidence - Even though they are almost never handed over willingly, accurate and well-maintained records are critical evidence in truck accident cases. Without them, it's difficult to investigate the driver's actions leading up to the accident or whether the company complied with safety regulations.
• Maximizing Compensation - If a trucking company’s insufficient records can be shown to have contributed to the accident, that may increase the victim’s chances of receiving higher compensation. The more negligent a company appears, the more likely it is that a settlement or judgment will favor the victim.
  • Punitive Damages - If a trucking company’s behavior is especially reckless (for example, deliberately failing to keep records or encouraging drivers to violate regulations), a jury may award the victims punitive damages as a clear message that the company must clean up its act.

In short, whether a trucking company maintains accurate driver records matters to truck accident victims because it can significantly affect the outcome of any lawsuit the victims pursue. Proper records provide transparency and may help establish fault...so naturally, trucking companies have little to no interest in handing them over willingly.

Grossman Law Can Help

Because driver records might help truck accident victims hold their feet to the fire, trucking companies almost never let anyone see them without a court order. Navigating the legal system to get that that order, to say nothing of understanding what the records contain, is often outside the average person's skillset.

That's where an experienced truck accident lawyer can be a huge help. A knowledgeable attorney will use the power of the court to demand the company's records, and they'll know how to interpret what those records say. The attorneys at Grossman Law Offices have decades of experience helping accident victims and their loved ones overcome the challenges of truck accident lawsuits. If you were hurt or lost a loved one in a commercial truck accident, don't wait—call Grossman Law Offices today for a free and confidential consultation.