If you get hurt in a truck accident in Texas, a Driver Qualification File (DQF) can be extremely useful in proving a case against the truck driver or trucking company. The information contained in a DQF can provide key evidence in a truck accident claim, such as driver incompetence or trucking company negligence in hiring or retaining said driver.
What Is a Driver Qualification File?
A Driver Qualification File is a required document in the trucking industry that all motor carriers must maintain for each employed driver. It is a packet of documents and inquiries that describe what makes a truck driver uniquely qualified to operate a commercial vehicle.
If any issues arise with a truck driver, they must be documented in the DQF. This includes any truck accidents involving the driver – whether or not they were the driver’s fault – as well as criminal inquiries and drug and alcohol test results.
Information Found in a Truck Driver Qualification File
A truck driver’s DQF is a detailed packet of information that sheds light on the individual’s history and record in terms of being a driver. This includes:
- General driver identification
- Employment verification information
- Inquiries to previous employers
- All states where the driver has held a driver’s license
- Road Test Certificate (or equivalent)
- Medical Examiner’s Certificate
- Driver safety performance history
- Drug and alcohol test reports
- Accident reports
- The driver’s Motor Vehicle Record (with annual reviews)
- Any traffic convictions or driver’s license suspensions
In general, the Driver Qualification File must contain up-to-date information on the driver for at least the past three years.
How a DQF Can Be Used During a Truck Accident Claim
When a trucking accident occurs in Texas, one or more parties may be held liable or financially responsible. It is up to the injured victim to prove that he or she has a case against the trucking company, the truck driver or another party. This requires evidence of negligence or fault.
A DQF can contain red flags in the truck driver’s history that prove he or she should not have been behind the wheel. Examples include a history of past accidents, a poor driving record, a suspended or revoked license, missing medical exams, failed drug or alcohol tests, criminal convictions, regulatory violations, and failed background checks.
A DQF could also contain evidence of negligence against the trucking company itself, such as proof that the company knew or should have known that the driver was incompetent but allowed the driver on the road anyway.
In addition, if a trucking company does not have an up-to-date Driver Qualification File for the driver, this is evidence of a systemic issue and larger company negligence. An incomplete or missing file can show that the trucking company has failed to comply with federal safety regulations.
How to Obtain a Driver Qualification File for a Truck Accident Case in Texas
To obtain a copy of a truck driver’s qualification file for a truck accident case, contact an attorney with experience in this practice area right away. A lawyer can submit the proper paperwork that requires the preservation and submission of a DQF as evidence by the trucking company, such as a formal spoliation letter.
Your lawyer will know how to use the information found in a Driver Qualification File as evidence against the truck driver and/or company to prove your claim. To learn more about how to build a truck accident case in Texas, contact the Doan Law Firm for a free consultation.