Truck Accident Lawyer Truck Accident Investigation & Evidence 2 — Questions and Answers
Question 1: What is a 'driver qualification file' and why is it relevant to a truck accident lawsuit?
- A file documenting a driver's licensing, training, and background check that can show negligent hiring (Correct answer)
- A record of the driver's prior accidents and traffic tickets
- A log of the driver's daily hours and rest periods
- A document listing the driver's cargo delivery history
Correct answer: A file documenting a driver's licensing, training, and background check that can show negligent hiring
FMCSA requires trucking companies to maintain qualification files; gaps or red flags in them can support a negligent hiring or entrustment claim.
Question 2: Why is witness testimony important in a truck accident case?
- Eyewitnesses can corroborate or contradict physical evidence and establish how the crash occurred (Correct answer)
- Witnesses automatically determine fault under federal law
- Witness statements replace the need for expert testimony
- Witnesses can waive the defendant's right to a jury trial
Correct answer: Eyewitnesses can corroborate or contradict physical evidence and establish how the crash occurred
Independent eyewitnesses provide valuable firsthand accounts that can support or challenge the parties' versions of events.
Question 3: What type of subpoena is used to obtain a trucking company's records during litigation?
- Subpoena duces tecum (Correct answer)
- Subpoena ad testificandum
- Deposition subpoena
- Grand jury subpoena
Correct answer: Subpoena duces tecum
A subpoena duces tecum compels a party or third party to produce documents and records for use in litigation.
Question 4: Which federal regulation requires trucking companies to retain accident reports for a minimum period?
- 49 CFR Part 390 (FMCSA general regulations) (Correct answer)
- 49 CFR Part 382 (drug and alcohol testing)
- 29 CFR Part 1910 (OSHA general industry)
- 49 CFR Part 173 (hazardous materials)
Correct answer: 49 CFR Part 390 (FMCSA general regulations)
FMCSA regulations under 49 CFR Part 390 establish recordkeeping requirements for accidents involving commercial motor vehicles.
Question 5: What role does a toxicologist play in a truck accident investigation involving suspected impaired driving?
- Analyzing drug and alcohol test results and explaining their effect on the driver's performance (Correct answer)
- Reconstructing the physical crash sequence
- Estimating the economic value of lost wages
- Reviewing cargo weight compliance
Correct answer: Analyzing drug and alcohol test results and explaining their effect on the driver's performance
A toxicologist interprets blood, urine, or breath test results and explains how detected substances would have impaired the driver's reaction time and judgment.
Question 6: How can surveillance footage from nearby businesses or traffic cameras help a truck accident victim's case?
- It can capture the crash itself or the truck's pre-crash behavior as independent video evidence (Correct answer)
- It establishes the truck's ownership history
- It replaces the need for an accident reconstructionist
- It proves the cargo was overloaded
Correct answer: It can capture the crash itself or the truck's pre-crash behavior as independent video evidence
Video evidence is among the most compelling forms of proof because it objectively documents the crash sequence without relying on party testimony.
Truck Accident Lawyer Truck Accident Investigation & Evidence 2
What is a 'driver qualification file' and why is it relevant to a truck accident lawsuit?