Legal Question in Personal Injury in California

Defendent's driving history

I am the Plainiff in a Auto Tort case involving a commerical truck where the California Highway Patrol cited the Driver for wrong class of license for the vehicle he was operating at the time of the accident, Also the company for no insurance papers in the truck. Their were injuries.

To prove that the Driver/Defendent has a history of driving with out a proper class of license and also to show the number of accidents that the Defendent has caused in the last year. Can I request to copy of his and the Company diving history through the Dept of Motor Vehicles.,plus the company driver training records for this Defendent.

Thank-you


Asked on 1/12/04, 3:44 pm

4 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Defendent's driving history

You can get vehicle history, registered owner info and driver's license info thru the DMV. And, if you are in litigation, you can ask for those things you mentioned. But if you're the plaintiff, all you need to do is show negligence on the driver to prove fault. What does the police report and witnesses say? Do you need all that info to prove your case? Did the truck end up having liability coverage? How long ago was the accident? How severe are the injuries? If you are in or near Orange County, give me a call.

Sam Eagle 714-963-5123

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Answered on 1/13/04, 1:25 pm
A. Russell Martin Law Office of A. Russell Martin

Re: Defendent's driving history

I am truly sorry to hear about your accident. I know the frustration of being tossed into the vortex of the legal system without knowing your rights. The information you want is readily discoverable once a lawsuit has been filed. Past negligence is generally considered irrelevant to determining fault for subsequent accidents. However, there are some exceptions. The information you described might also be relevant to showing negligent entrustment or negligence per se if the driver was operating a truck with the wrong classification of license. More facts are necessary to evaluate your case. Give me a call or send me an e-mail (see below) and we can discuss your potential cause(s) of action in depth.

If a lawsuit against the other driver is supported by the facts, you need aggressive legal representation immediately. I can provide that for you. I have the knowledge, experience and tenacity to ensure that you get the money you deserve for your lawsuit. Feel free to contact me for a free consultation (415/772-9652 or [email protected]). Do not worry about paying expensive legal fees because I will only collect a fair percentage of any money you recover. In the meantime, be sure to safeguard your claim(s) by doing the following: (1) immediately get a strong lawyer because your cause(s) of action can be barred forever if they are not filed with the court in time; (2) gather and preserve all evidence of your claim(s) (e.g., get medical treatment and preserve all documentation regarding your injuries, photograph the accident site, photograph all injuries and damages, get police reports & contact information for all witnesses, etc.); and (3) NEVER give any statements about the accident or sign any documents regarding your claim(s) before speaking to a lawyer. Remember insurance companies are not your friends regardless of how �friendly� they might seem. They are not interested in helping you. They only want to protect their corporate pockets.

I hope this information helps. I am ethically required to advise you that this posting constitutes an advertisement for legal services, however, please know that my concern for your situation is sincere. I became a lawyer because I truly want to help people protect their rights in a complex legal system.

Contact me if you need further assistance.

You can reach me by phone at(415)772-9652 or by e-mail at [email protected].

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Answered on 1/13/04, 6:21 pm
Steven Kuhn Steven Kuhn

Re: Defendent's driving history

Only persons who have posted a bond can request DMV information. Attorneys who have posted the bonds can do so.

Past driving record is only relevant to show negligent entrustment or course of conduct. What is more important is what happened at the time of the accident.

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Answered on 1/12/04, 7:43 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Defendent's driving history

I must ask, why are you proceeding on a case like this without an attorney? Past accidents are generally not admissible to prove negligence in this case. Who are the defendant's in this case? Was it an owner/operator, or was it a company vehicle? In any case if you want this case done properly why don't you give me a call on my cell at 818-427-6246.

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Answered on 1/12/04, 9:38 pm


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