XVII. Trucking Checklists
Below is the seventeenth chapter, “Trucking Checklists,” of Understanding Motor Carrier Claims, Sixth Edition, a book from Fried Goldberg LLC, about the complexities of truck accident litigation. Plaintiff’s attorneys can request a complimentary copy. If you have any questions and would like to speak with an Atlanta, Georgia trucking accident attorney, contact us today.
Previous Chapter: XVI. Deposing the Truck Driver & Safety Director
1. DRIVER APPLICATION CHECKLIST (AT TIME OF HIRING – 49 CFR § 391.21(b))
____NAME & ADDRESS OF MOTOR CARRIER: (49 CFR § 391.21(b)(1)
____APPLICANT’S NAME, ADDRESS, DOB, & SSN: (49 CFR § 391.21(b)(2)
____APPLICANT’S ADDRESSES FOR PRIOR 3 YEARS: (49 CFR § 391.21(b)(3)
____APPLICATION SUBMISSION DATE: (49 CFR § 391.21(b)(4)
____STATE, NUMBER, & EXPIRATION OF ALL CDLs: (49 CFR § 391.21(b)(5)
____NATURE & EXTENT OF APPLICANT’S EXPERIENCE IN OPERATION OF MOTOR VEHICLES INCLUDING TYPE OF EQUIPMENT OPERATED: (49 CFR § 391.21(b)(6)
____LIST OF ALL ACCIDENTS FOR PRIOR 3 YEARS INCLUDING DATE, NATURE, & IFANY FATILITIES OR INJURIES: (49 CFR § 391.21(b)(7)
____LIST OF ALL VIOLATIONS OF MOTOR VEHICLE LAWS/ORDINANCES RESULTING IN CONVICTION OR BOND FORFEITURE FOR PRIOR 3 YEARS: (49 CFR § 391.21(b)(8)
____STATEMENT REGARDING ANY DENIAL/REVOCATION/SUSPENSION OF ANY LICENSE OR PERMIT: (49 CFR § 391.21(b)(9)
____LIST OF EMPLOYERS FOR PRIOR 3 YEARS INCLUDING EMPLOYMENT DATES, REASON FOR LEAVING, WHETHER SUBJECT TO FMCSRs, & WHETHER SUBJECT TO ALCOHOL & CONTROLLED SUBSTANCE TESTING: (49 CFR § 391.21(b)(10)
____ FOR DRIVERS APPLYING TO OPERATE CMVs AS DEFINED BY PART 383, LIST OF EMPLOYERS FOR 7 YEAR PERIOD PRECEDING 3 YEARS LISTED ABOVE WITH EMPLOYMENT DATES & REASON FOR LEAVING: (49 CFR § 391.21(b)(11)
____CERTIFICATION & SIGNATURE LINE: 49 CFR § 391.21(b)(12)
2. DRIVER QUALIFICATION FILE CHECKLIST (49 CFR § 391.51)
____APPLICATION (49 CFR § 391.21)
____A COPY OF A 3 YEAR MVR AT TIME OF HIRE (49 CFR § 391.23)
____PRIOR EMPLOYER SAFETY INQUIRY (49 CFR § 391.23)
____A CERTIFICATE OF A ROAD TEST (49 CFR § 391.31) OR EQUIVALENT (49 CFR § 391.33)
____TRAINING CERTIFICATE FOR ENTRY LEVEL DRIVERS ONLY (49 CFR § 380.509)(Note: This can also be maintained in the personnel file)
____AN ANNUAL COPY OF MVR FOR PAST YEAR (49 CFR § 391.25)
____A NOTE OF ANNUAL REVIEW BY MOTOR CARRIER (49 CFR § 391.25)
____ANNUAL LIST OF TRAFFIC VIOLATIONS FROM THE DRIVER (49 CFR § 391.27)
3. ELECTRONIC DATA CHECKLIST
____SAFER WEBSITE DATA ON TRUCKING COMPANY
____ECM DOWNLOAD FROM TRACTOR
____DASH CAM/SURVEILLANCE VIDEO
____GPS DATA FROM TELEMATICS SYSTEMS
____ELECTRONIC DRIVERS LOGS
____DATA FROM COLLISION AVOIDANCE SYSTEMS
____MESSAGING DATA FROM ONBOARD COMPUTER SYSTEM
____CELLPHONE DOWNLOAD
____INTERNAL E-MAILS
____SOCIAL MEDIA POSTINGS BY TRUCK DRIVER
____MEDIA ONLINE PHOTOGRAPHS & VIDEO
4. TRUCKING CLAIMS CHECKLIST
A. Investigation of Accident
Retain Reconstruction Expert to Investigate Accident and Photograph Scene
Retain Trucking Expert to Inspect Vehicle
Obtain Post-Accident PSC, DOT or FHWA Inspection Reports
B. Preservation of Evidence
Obtain Motor Carrier Certificates and Filings from State Agencies
Send Spoliation Letter to Trucking Company and its Insurer
Download ECM Data
Download SMS Results on Trucking Company from Safer website
C. Complaint
File Direct Action Against Insurer if allowed under State Law
Determine Product Liability Claims against Manufacturer
Examine Potential Claims against Broker or Shipper
Find out if Insurer Screened Drivers
Determine Theories of Liability against Trucking Company
Negligent Hiring, Entrustment or Retention
Negligent Inspection, Maintenance or Repair
Violations of FMCSR
Driver Fatigue
Punitive Damages
D. Discovery
Request all Documents Required by Federal Regulations
Driver’s Qualification File
Driver’s Logs
Daily Inspection Reports
Annual Inspections
Maintenance and Repair Records
Qualcomm and On-board Recording Devices
Downloadable Data from ECM
Post-Accident Drug and Alcohol Testing
Accident Register
Bills of Lading, Weight Tickets, Hotel Receipts
Policy and Procedure Manuals
Training Documents
Take the Driver and Safety Director’s Depositions
E. Trucking Experts: What Issues are in My Case?
Industry Standards and Common Practices
Operation of Commercial Vehicles
Driver Fatigue/ Driver’s Logs
Compliance with Federal Regulations
Negligent Hiring and Retention
Inadequate Maintenance or Repairs
Defective Parts or Mechanical Failures