Trucking Company Safety Audit: Evidence for Your Accident Claim

After a devastating accident with a large commercial truck, the investigation usually focuses on the crash scene itself. For instance, investigators look at skid marks, vehicle damage, and driver statements. However, a crucial part of the story is often hidden away in public records. Did the trucking company have a history of safety problems? Did the federal government ever audit the company? The answers to these questions can be found in a Trucking Company Safety Audit. Importantly, this information can serve as powerful evidence in a personal injury claim.

Many victims don’t realize that a trucking company’s safety history is often a public matter. An experienced truck accident attorney knows how to access these records. This article explains what a New Entrant Safety Audit is. Furthermore, it details how a lawyer can use it to hold negligent trucking companies accountable.

What is an FMCSA New Entrant Safety Audit?

The Federal Motor Carrier Safety Administration (FMCSA) is the government agency that regulates the U.S. trucking industry. To ensure new trucking companies follow safety rules from day one, the FMCSA created the New Entrant Safety Assurance Program.

According to the FMCSA, every new trucking company must undergo a New Entrant Safety Audit. This typically happens within its first 12 months of operation. This is not optional; it is a mandatory review of the company’s safety management systems. The purpose of the audit is twofold:

1. Educational: First, it ensures the new company fully understands all applicable federal safety regulations.
2. Accountability: Second, it verifies that the company has effective safety systems and policies in place.

If a new company fails its safety audit, it must then submit a corrective action plan. If it still fails to comply, the FMCSA can revoke its registration, which effectively puts it out of business.

What Does a Trucking Company Safety Audit Cover?

The safety audit is a comprehensive review of a company’s operations. Specifically, an FMCSA auditor will examine the company’s records and procedures in several key areas, including:

• Driver Qualifications: Does the company ensure its drivers have valid commercial driver’s licenses (CDLs) and are medically qualified? Do they conduct proper background checks?
• Hours of Service: Does the company have a system to ensure its drivers comply with strict limits on driving time? Do they take mandatory rest breaks to prevent fatigue?
• Vehicle Maintenance: Does the company have a program for systematic vehicle inspection, repair, and maintenance? This is to keep its trucks in safe working order.
• Accident Register: Does the company maintain a record of all accidents, as the law requires?
• Drug and Alcohol Testing: Is the company complying with federal requirements for driver drug and alcohol testing programs?
• Insurance: Does the company have the required level of liability insurance?

The results of this audit, therefore, provide a clear snapshot of the company’s commitment to safety.

The Public Record: FOIA and the Company Safety Profile

The results of a Trucking Company Safety Audit, along with other safety data, become part of the company’s permanent record with the federal government. This is often called a Company Safety Profile (CSP). This profile contains a wealth of information. For example, it includes crash reports, roadside inspection results, and compliance reviews.

Using the Freedom of Information Act (FOIA)

This is where an experienced lawyer’s investigative work comes in. The Freedom of Information Act (FOIA) is a federal law. It gives the public the right to request access to records from any federal agency. According to the official FOIA.gov website, any person can file a FOIA request.

After a serious truck accident, an attorney can file a FOIA request with the FMCSA. This request demands the complete Company Safety Profile for the trucking company involved in the crash. Consequently, this allows the attorney to see the results of the New Entrant Safety Audit and any other documented safety violations.

Using a Failed Trucking Company Safety Audit in Your Claim

Obtaining the trucking company’s safety records through a FOIA request can be a game-changer for a Personal Injury lawsuit. If the Trucking Company Safety Audit revealed serious problems, it can become powerful evidence of negligence.

For example, imagine a truck accident was caused by brake failure. If the safety audit from a year earlier showed that the company had no vehicle maintenance program, it helps prove a pattern of negligence. In fact, it shows the government officially put the company on notice about its safety failures, and the company did nothing to fix them. An attorney can use this kind of evidence to:

• Prove Company Negligence: It helps show that the company’s poor safety practices, not just the driver’s actions, contributed to the accident.
• Establish Punitive Damages: In some cases, showing that a company consciously disregarded known safety risks can support a claim for punitive damages. This is additional compensation designed to punish the defendant for egregious behavior.

How KAASS LAW Uses the Trucking Company Safety Audit

At KAASS LAW, we understand that a thorough investigation is the key to success in complex truck accident cases. We don’t just look at the police report from the crash scene. Indeed, we dig deeper to uncover the trucking company’s history and safety culture.

Our attorneys routinely use the Freedom of Information Act. We do this to obtain the full safety records of trucking companies involved in accidents. We meticulously review the results of any Trucking Company Safety Audit and other compliance reviews. This, in turn, helps us build a powerful case that shows how a company’s systemic safety failures led to our client’s injuries. We use this evidence to hold negligent carriers fully accountable. If an accident with a commercial truck has injured you, please Contact Us. We offer a free, confidential consultation.

Conclusion

The New Entrant Safety Audit is a critical tool the government uses to ensure trucking companies are safe from the start. For victims of accidents, the results of a Trucking Company Safety Audit can be a vital piece of evidence. It can reveal a pattern of negligence that goes far beyond the driver’s actions on the day of the crash. By using legal tools like the Freedom of Information Act, an experienced attorney can uncover this history. Ultimately, they can use it to build the strongest possible case for the compensation you deserve.