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I Was Hit by a Truck in Fremont. Can a Lawyer Investigate the Driver’s Safety Record?

By Jason Bottlinger on October 20, 2026

After a serious commercial truck accident in Fremont, a lawyer can thoroughly investigate the collision. This includes seeking information about what the truck driver did in the moments before impact. But your lawyer can also find out if the driver has a history of unsafe behavior.

If the trucking company ignored red flags by hiring a driver with a bad record, or if they continued to employ someone who was a known safety risk, the carrier could also share liability after an accident.

Jason Bottlinger is an experienced Fremont truck accident attorney. If you were injured by an unsafe truck driver, Bottlinger Law L.L.C. can inform you about your options for seeking full compensation to cover the cost of your medical bills, lost wages, and other damages such as pain and suffering.

A Truck Driver’s Safety Record Matters After a Collision

Your lawyer will investigate the crash to find out if the driver was speeding, following too closely, or failing to yield. But the investigation should not end there.

A driver’s history could reveal earlier incidents relevant to safe vehicle operation. Depending on the facts, there may have been previous crashes, serious moving violations, inadequate training, safety complaints, licensing problems, or other concerns.

Federal regulations require motor carriers to conduct specified investigations into drivers they employ. Under 49 C.F.R. § 391.23, carriers must obtain a driver’s motor vehicle record for the preceding three years and investigate the driver’s safety-performance history with DOT-regulated employers during that period.

What Is a Truck Driver Qualification File?

A truck driver’s qualification file is a collection of records that covered motor carriers are required to maintain for their drivers under Federal Motor Carrier Safety Administration (FMCSA) regulations. Contents should include the employment application, motor vehicle records obtained during the initial investigation, documentation relating to a road test or its permitted equivalent, records obtained through required annual driving-record inquiries, and notes documenting annual reviews.

In addition to obtaining the driver’s qualification file, your lawyer can pursue additional evidence such as:

• Motor vehicle records and CDL information
• Prior crashes and traffic violations
• Previous commercial driving employment
• Training and testing records
• Safety complaints
• Disciplinary or corrective-action records
• Relevant drug-and-alcohol testing information
• Applicable Drug and Alcohol Clearinghouse information
• Records concerning the carrier’s reviews of the driver’s performance

A Lawyer Can Investigate How the Trucking Company Hired the Driver

The hiring process may be an important part of the investigation when there is evidence that a driver presented an unreasonable safety risk. An attorney investigating the hiring of a potentially negligent truck driver claim may ask questions such as:

• Did the carrier perform the required checks?
• What did those background checks reveal?
• Did the driver’s application contain information that warranted further investigation?
• Did prior employers identify relevant crashes or safety concerns?

What Is the Difference Between Negligent Hiring and Negligent Retention?

Negligent hiring focuses on the employer’s decision to hire the driver. The investigation asks what the employer knew or reasonably should have discovered when evaluating whether the applicant was suitable for the job.

Negligent retention concerns what happened after the driver was hired. A truck injury claim or lawsuit involving negligent retention may examine information that emerged during employment and whether continuing to employ the driver created an unreasonable risk under the applicable legal standard.

For example, what if a driver met the applicable requirements when hired but they later accumulated serious driving violations or became the subject of repeated safety complaints? Those facts would raise different questions than a case in which the warning signs existed before employment began.

How Does an Attorney Obtain a Trucking Company’s Records?

Following a serious truck accident, an attorney may send a preservation letter notifying relevant parties that potential evidence should be retained. The letter may address the truck driver qualification file as well as other records related to the collision, including:

• Electronic logging data
• Onboard electronic data
• Inspection and maintenance records
• Dispatch records
• Relevant communications

After a lawsuit is filed, an attorney may use the formal discovery process to request documents, obtain testimony, and seek other information relevant to the case.

Because important evidence may be held by the trucking company, driver, or other parties, contacting an attorney promptly after a commercial vehicle collision may help preserve records before they are lost, deleted, or overwritten. Investigating a truck accident often requires gathering evidence from multiple sources rather than relying solely on the police report.

Talk to an Experienced Fremont Truck Accident Lawyer

Bottlinger Law L.L.C. has been pursuing justice for accident victims in Fremont since 2013. Jason Bottlinger is a member of the exclusive Multi-Million Dollar Advocates Forum and he has been named a Top 100 Lawyer by The National Trial Lawyers. The firm maintains an A+ rating with the Better Business Bureau.

If you were injured in a commercial truck collision in Fremont, call (402) 505-8234 to schedule a free consultation with Jason Bottlinger today.

FAQs About Liability and Truck Driver Safety Records

Can a lawyer investigate a truck driver’s safety record after a Fremont accident?

Yes. A Fremont truck accident lawyer may investigate the driver’s motor vehicle records, prior crashes or violations, CDL information, employment history, training records, and other relevant safety information. The investigation may also examine what the trucking company knew about the driver before the collision.

What is included in the truck driver qualification file?

A truck driver qualification file contains records required by federal regulations concerning a commercial driver’s qualifications. This may include the driver’s employment application, motor vehicle records, road-test documentation, and records relating to required reviews of the driver’s driving history.

Can a trucking company be liable for negligently hiring an unsafe driver?

A negligent hiring claim may arise when evidence shows that a carrier knew or reasonably should have discovered information indicating that hiring the driver created an unreasonable safety risk. Whether the company is liable depends on the specific evidence and applicable law.

What is negligent retention by a trucking company?

A claim involving negligent retention will examine whether crashes, serious violations, safety complaints, disciplinary problems, or other developments should have caused the carrier to reconsider allowing the driver to continue operating commercial vehicles.