Large commercial trucks are critical links in the nation’s supply chain, transporting essential goods and services into and out of Washington. Unfortunately, these trucks weigh as much as 76,000 pounds more than standard vehicles and tower over them on the roadways. Approximately 70% of truck accident injuries occur to motorists in other vehicles, rather than the truck driver.
Recovering compensation after an accident caused by a commercial truck can become challenging due to the numerous potentially liable parties, including the driver, the trucking company, and other entities, such as those responsible for negligent truck maintenance services. Understanding PSP data can be a key aspect of a successful truck accident claim in Washington. Contact a reliable truck accident lawyer in Arlington for legal guidance.
What Is PSP Data In Washington Truck Accident Claims?
Commercial trucks commonly cross state lines and even national borders, leaving them subject to regulation by the Federal Motor Carrier Safety Administration (FMCSA). One aspect of FMCSA regulation is the Pre-Employment Screening Program (PSP). Trucking companies and other employers in the transportation, freight, and shipping industries can utilize this program to verify a prospective employee’s driving record and past safety performance. If a driver’s history shows repeated traffic violations and previous accidents, a trucking company could be held liable for negligent hiring practices if it hires the driver and the driver causes an accident with injuries and property damage.
Trucking companies that use PSP information as a standard aspect of their hiring practice see an 8% reduction in accidents.
What Information Is Included In PSP Data?
The FMCSA’s PSP data includes a driver’s past five years of crash data, with information about accidents involving the driver, including whether they were at fault or not. It also includes detailed information about each accident, including the number of injury victims, the amount of property damage, and required tow services.
PSP data also reveals any inspection violations, hours-of-service violations, and vehicle maintenance lapses, using FMCSA violation codes.
Finally, PSP data includes the driver’s identifying information, as listed on their Commercial Driver’s License (CDL).
How Can PSP Data Strengthen My Truck Accident Claim?
If a truck driver’s negligence causes an accident, an injury victim may use the PSP data to support their negligence claim if the driver’s five-year record shows a history of traffic violations or other types of negligence.
In accident claims, negligence is described as the failure to uphold a reasonable duty of care. PSP data may also be used to support a negligence claim against the trucking company, for instance, if they hired a driver despite their history of violations listed in the report, or for failing to utilize the available PSP system in their hiring practices.
Maintenance data also appears on a PSP report for up to three years, potentially supporting a claim of negligent maintenance if a truck accident occurs due to poor vehicle or trailer maintenance.
Can a Washington Truck Accident Victim Obtain PSP Data?
A truck accident victim cannot directly access PSP data due to privacy laws; however, their attorney can gain access to this information through a subpoena against the trucking company during the discovery process of a lawsuit and accident investigation. Typically, an accident victim’s attorney sends a “spoliation” notice to the trucking company to stop any attempts to delete or hide PSP information and other crucial data, such as “black box” data recordings, driving logs, and maintenance records. Contact us today to speak with a personal injury lawyer in Arlington who can support you.