Does Trucking Company Need To Investigate Its Drivers?

Yes. Under the regulations, an employer is required to investigate each of its drivers. Within 30 days of hiring a driver, the employer must review of the driver's employment record by contacting each of the driver's employers for the previous 3 years. The investigation may consist of personal interviews, telephone interviews, letters, or other methods of obtaining information. The employer is required to make a written record of each interview. This record must include the previous employer's name and address, the date of the interview, and the previous employer's comments regarding the driver. In addition, within 30 days of hiring a driver, the employer must contact each State in which the driver has held a driver's license during the previous three years, and obtain a copy of the applicant's driving record.

After a driver is hired, the employer must review the driver annually to make sure that the driver remains qualified to drive a commercial motor vehicle and that he still meets the minimum requirements for being able to safely drive the vehicle. As part of this annual review, the employer must require all of its drivers to furnish a certified list of all motor vehicle violations that the driver has been convicted of during the year. Moreover, in order to make sure the driver has provided full and complete information, the employer has a duty to obtain an updated copy of the driver's driving record.

What Are The Federal Motor Carrier Safety Regulations (FMCSR)?

These regulations were developed by the government in order to help reduce or prevent truck and bus accidents, fatalities and injuries. The FMCSR remain the sole safety standards that professional truck drivers and motor carriers must follow in the operation of commercial motor vehicles, and any deviation from these standards exposes the motor carrier and driver to liability.

How Long Will My Case Go On?

Cases vary in length from weeks, months, even to years in some instances. Each case is unique, and how long your case will take depends on numerous factors. For example, if you received a serious injury, you do not want to settle your claim until you have received sufficient medical care so that either your physician has released you or your future medical expenses related to the accident can be determined with reasonable certainty. Therefore, the amount of time you need to heal may determine the length of time necessary to conclude your claim. The amount of time before you recover also depends on whether a lawsuit must be filed.

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