PSP stands for the Pre-employment Screening Program in the trucking industry, a system managed by the Federal Motor Carrier Safety Administration (FMCSA) that provides trucking companies with driver safety records.
The Pre-employment Screening Program helps trucking companies evaluate potential drivers by providing access to crash and inspection histories. This system contains detailed records of commercial driver violations, accidents, and inspections over the past five years.
Our Indianapolis truck accident lawyers can request a driver’s PSP report to see if they have a history of negligent driving. A history of violations can boost your case’s strength and could show that a company displayed negligence by hiring that driver despite their poor safety record.
Important Elements in a PSP Report
A PSP report comprehensively overviews a commercial driver’s safety performance history. Understanding the components of a PSP report can help lawyers establish whether negligent hiring practices contributed to your accident.
Crash Data Records
The crash data section of a PSP report includes all DOT-recordable crashes from the past five years, regardless of fault determination. Each crash entry contains specific details about the incident, including the date, location, and whether injuries or fatalities occurred. These records help identify drivers with histories of involvement in serious accidents.
Safety Violations and Inspections
PSP reports detail every roadside inspection and any violations discovered during these checks. The report covers critical safety violations such as brake system problems, tire defects, and steering component issues. This information reveals whether a driver consistently maintains their vehicle.
Hours of Service Compliance
The report tracks all violations of hours-of-service regulations, including exceeding driving time limits and falsifying logbook entries. These records show whether drivers regularly follow federal rules to prevent fatigue-related accidents. Multiple violations in this category may indicate a pattern of dangerous driving practices.
Hazardous Materials Compliance
For drivers authorized to transport hazardous materials, the PSP report includes any violations related to the proper handling and documentation of dangerous cargo. This section details compliance with special safety requirements and proper placarding regulations, and violations can indicate serious safety concerns.
Drug and Alcohol Testing Results
PSP reports contain information about drug and alcohol testing violations, including refused tests and positive results. This critical safety information helps identify drivers who may pose significant risks on the road. Multiple violations in this category often indicate serious concerns about a driver’s fitness for duty.
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How PSP Reports Strengthen Accident Claims
PSP reports provide evidence that can significantly increase the value of your truck accident claim. When we review these reports, we look for patterns of unsafe behavior that could have predicted the accident. Multiple violations of similar types often demonstrate that both the driver and their employer knew about ongoing safety issues but failed to address them.
Evidence of Negligent Hiring
A trucking company’s decision to hire or retain a driver despite a concerning PSP report can constitute negligent hiring. We can use this evidence to hold the company directly responsible for putting an unsafe driver on the road.
Impact on Settlement Negotiations
Insurance companies take PSP violations seriously during settlement discussions. When we present evidence of repeated safety violations, it often motivates insurers to increase their settlement value rather than risk a trial. A driver’s history of similar violations to those that caused your accident can be particularly persuasive.
Limitations of PSP Reports
While PSP reports provide valuable evidence, you should understand what these reports don’t include. Not every safety incident appears in a PSP report, so additional investigation may be necessary.
Non-Reported Incidents
State-level violations not reported to the FMCSA will not appear on a PSP report. Many accidents and violations that occur on non-interstate highways may also not be included. Local law enforcement incidents might also be absent from these federal records.
Time Limitations
PSP reports only cover a driver’s history for the previous five years. Serious accidents or violations from earlier periods won’t appear, even if they show a pattern of unsafe behavior.
Missing Context
PSP reports don’t always provide the full context of violations or accidents. While they note when incidents occurred, they may not include important details about weather conditions, road circumstances, or other factors that contributed to the event.
Understanding PSP vs. CSA Reports
While PSP and CSA (Compliance, Safety, Accountability) reports contain safety data, they serve different purposes in the trucking industry. PSP reports focus on individual driver histories and are primarily used for hiring decisions and accident investigations.
CSA scores, however, evaluate the overall safety performance of trucking companies and their fleets. CSA data updates monthly and affects a carrier’s safety rating. In short, PSP reports rate drivers, and CSA data rate their employers.
Contact Our Indiana Truck Accident Attorneys
The trucking industry’s pre-employment screening program (PSP) is a vital tool for carriers who want to avoid unsafe drivers. It is also vital in many truck accident cases. The data from a PSP report can show that a trucker has a history of repeated safety violations.
Don’t wait to get help after a truck accident. Contact our lawyers and staff today for a free consultation about your case. Vaughan & Vaughan has been serving clients in Indiana since 1913.
