Brad Pistotnik Law
Abogado El Toro

How can I find a truck dribver’s and the trucking company’s accident history and violation history?

How can I find a truck dribver’s and the trucking company’s accident history and violation history?

The easiest way to find out the accident history and violation history for your accident is to go to DOT website information on the link at:

https://safer.fmcsa.dot.gov/companysnapshot.aspx

This link allows you to look backwards in time at the safety history of a particular trucking company or motor carrier. The information provided by this page will be providing the last 24 months of the motor carrier’s violation history and accident history. It is not always accurate because many bad trucking companies and smaller trucking companies fail to provide the necessary data to the Federal Motor Carrier Safety Administration (FMCSA). If they do not provide all of their accident data and the law enforcement officers do not do a roadside inspection after an accident, the report will not be complete. Most of the history is obtained from roadside inspections of truck drivers and tractor-trailers as they drive across the 48 contiguous states in the United States as well as from post-accident inspection by law enforcement following a truck crash or accident.

This history is checking how safe a trucking company is under the Seven (7) categories of the BASICs. Those categories include unsafe driving, fatigued driving, driver fitness, drugs and alcohol, vehicle maintenance, cargo-related accidents and crash indicator for the motor carrier.

It is surprising how many trucking companies and their Safety Directors do not even know what the word BASICs means. I did a deposition of a Safety Director for a local Kansas trucking company just a few days ago and the Safety Director of the motor carrier did not know what the term BASICs meant. The Safety Director was asked many questions from the standard management edition of the FMCSR Rules and Regulations and could not answer basic questions about driver qualification, hazard perception, accident awareness, defensive driving and many other normal terms of art that are contained within the FMCSR and the DOT regulations. It is scary to believe that I can take deposition after deposition of smaller trucking companies Safety Directors and find that absolutely no driver qualification has been conducted. No driver training exists. No driver supervision exists. Truck drivers are dispatched when they are over their maximum hours they can drive in a given time frame. The idea that no one in the company understands the FMCSR or the BASICs is not only scary, it provides the basis of why we are able to sue so many trucking companies on negligent hiring, negligent qualification, negligent training, negligent supervision and negligent retention claims.

Over the last several decades I have become quite interested in studying the FMCSR and the BASICs which started as a new measurement system around 2010. I have many different trucking safety experts that I use. These safety experts help provide guidance to a jury about the compliance of the truck driver and the motor carrier with the FMCSR and the BASICs.

Truck drivers are taken out of service when they violate the FMCSR. Motor carriers are taken out of service when they violate the FMCSR and have a bad ranking with their BASICs. They can be taken out of service by having bad drivers which I liken to bad dogs. It is not always the fault of the driver, however. Sometimes the motor carrier pushes the driver to violate the hours of service rules simply to make an on-time delivery so there is no penalty from the company that is shipping product or cargo. The entire system is unsafe.

The DOT issued regulations under the Code of Federal Regulations under 49 CFR Parts 380 through Part 399 and other related sections. These regulations apply to every truck driver and to every trucking company or motor carrier operating in interstate commerce. They follow the motor carrier act also known as the MCA and they were designed to provide minimum duties to all truck drivers and to all trucking companies and motor carriers to prevent injury and death. Trucking companies and tractor-trailers are hazardous instruments that cause thousands of wrecks, injuries and deaths every year.

If you been injured due to a truck crash with a big rig, semi or tractor-trailer and you actually need a lawyer that has a high level of expertise in taking depositions of trucking company officers, Safety Directors, dispatch personnel and upper level risk management people, you have found the law firm you need. If you don’t have a highly trained and highly experienced lawyer or attorney that understands trucking law you will have a very poor result in most circumstances. Many regular personal injury attorneys simply bring a claim based on the ordinary negligence of the driver. These attorneys only get one bite at the apple. Truly experienced and highly trained trucking lawyers and attorneys like at Brad Pistotnik Law always try to look for a second or third bite at the apple. We bring claims for negligent qualification, negligent hiring, negligent training, negligent supervision and negligent retention as well as claims for vicarious liability and respondeat superior in every trucking case that we do. Brad Pistotnik has personally filed hundreds and hundreds of auto accident and motor vehicle related cases including cases where the negligence of the motor carrier and the driver of the tractor-trailer has caused serious injury and/or death to innocent drivers.

Remember that every single tractor-trailer accident that happens will have the insurance company and their hired investigators and accident reconstruction experts at the scene of the accident within one to two hours following the accident. That means you need a skilled trucking lawyer or attorney within one or two hours of the truck accident. Unfortunately, most victims of trucking accidents end up with an ambulance ride to a hospital and admission to the hospital with treatment for the severe injuries caused due to this highly destructive and hazardous vehicle known as an 18 wheeler. If you or your loved one is injured or has been killed by the negligence of a truck driver or the trucking company or motor carrier or other fleet driver you should immediately call Brad Pistotnik Law at 800-241-BRAD or 316-684-4400. You can also call us in Western Kansas at 620-THE-BULL. You can reach Brad Pistotnik on his cell phone at 316-706-5020. You can reach trucking attorney Tony Atterbury on his cell phone at 316-617-9237. We have offices in Wichita, Kansas and in Garden City, Kansas. We have attorneys that work with us who are licensed in Kansas, Oklahoma, Nebraska, Missouri, Texas, Florida and Illinois. We have the money and experience to build your trucking accident case into the type of case that will give you a fair level of recovery of your damages and monetary and other losses. Hire The Bull Attorneys! ®