Obtaining Truck Records
Truck Records and Your Accident
Obtaining all the necessary documents from a truck or tractor trailer accident is vital to a successful accident case, but it can be a complex and difficult process. Carriers may claim that documents have been misplaced or destroyed, or may be willing to give only the minimum amount of records.
The Morristown, TN lawyers at Terry, Terry and Stapleton know which documents you need to prove the facts of your truck accident case, and how to obtain them, even those the carrier is reluctant to provide. For more than four decades we have provided legal assistance to victims of motor vehicle accidents, including truck or tractor trailer accidents on nearby Interstate highways I-81, I-40, I-26 or I-75. We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. Call us today at 1-800-518-3779 or contact us online for help with your legal case.
Any or all of the following can provide essential information to your case:
- Driver's Log Books. Federal regulations, called Hours of Service, restrict how many hours a trucker can drive – no more than 11 consecutive hours, and no more than 60 hours in 7 consecutive days. Drivers are required to record the hours that they have driven, and must keep the records for the previous seven days with them while on duty. These records show how long the driver had been on the road prior to the accident and can be used to show a violation of the Hours of Service regulations. We can also obtain driver's logs from the months before the accident, which can show whether the driver has a pattern of violations.
- Fuel Receipts. The time, date and location where the fuel was bought are all stamped on the fuel receipt. All licensed carriers must provide fuel records to the relevant tax authorities; since an audit requires them to back up their records with fuel receipts, most carriers keep these documents. The lawyers at Terry, Terry and Stapleton can obtain these fuel receipts for you and use them to confirm the accuracy of the driver's log book or, in cases where the log is not available, to try to reconstruct it.
- Toll Receipts. Toll receipts can also be used to verify or reconstruct the driver's log book.
- Bill of Lading. A bill of lading is a document issued by a carrier, confirming that the shipper has received a particular cargo for conveyance.
- Trip Envelope. A trip envelope contains all documents related to a particular trip, including the fuel and toll receipts, the bills of lading and other similar items. After finishing a trip, the driver will turn the trip envelope over to the carrier and, in return, receive his pay. Carriers may claim that they don't have the trip envelope or that it has been destroyed, but our lawyers can do a company-wide search for them. Since many of these records are used for tax purposes, the accounting department will often have copies.
- Driver's Qualification File. Federal regulations require that carriers must qualify each driver who works for them. This includes a detailed application which lists all accidents the driver has been involved in as well as all the citations he has received. All drivers must pass a road test and obtain a physician's certificate that they are medically able to operate a large truck; these documents must be in their file as well. Carriers must keep the qualification file throughout the driver's employment and for three years after he leaves the company.
- Electronically Stored Information. The courts can compel carriers to provide electronic records in the same way that they must provide paper records. In a truck accident, these records might include all communications between the trucker and the dispatcher. They could also include GPS records or computer-generated bills of lading, waybills or fuel receipts.
- Black Box. Trucks and tractor trailers are equipped with an electronic control module, also known as a black box. The black box may contain important information, including speed and braking events just prior to the accident. The lawyers at Terry, Terry and Stapleton will obtain this data and ensure that it is downloaded properly and can be admitted into court.
- Examination of the Truck and Photos of the Scene. An inspection of the truck and careful reconstruction of the accident can provide important physical evidence to show what actually happened during the accident. These investigations should include distance measurements, as well as an examination of the road, signs and other relevant conditions.
The carrier's lawyers may attempt to claim that an accident involving a truck or tractor-trailer is simply an everyday accident involving larger vehicles. At Terry, Terry and Stapleton, we know this isn't the case – and the documents involved, from driver's log to black box, from the driver's qualification file to photos of the accident can prove it. We have worked hard to develop a reputation for success. If you have been injured in a trucking accident, we will perform a thorough investigation of your case, and obtain every document you need. Our extensive experience in truck accident cases means we know how to get these documents, and how to get around the obstruction of defense lawyers.
With our team of truck accident attorneys on your side, you can rest assured that you are represented by talented, dedicated professionals. Don’t delay. Contact our Tennessee truck accident lawyers today. Call Terry, Terry & Stapleton at 1-800-518-3779 or use our online contact form to arrange a free consultation.
