Incompetent Truck Driver Accidents
Birmingham Incompetent Truck Driver Accident Attorneys
Because commercial trucks are considered one of the most effective ways to transport goods and cargo across the United States, the trucking industry continues to thrive. Naturally, as the number of trucks on the roadways, interstates, and highways continues to increase, accidents with large trucks and tractor trailers will increase as well. A recent study found a 52% increase in such accidents in the last decade and shows that 74% of all fatal passenger vehicle accidents involve a large truck.
There are many reasons why large truck accidents occur, but one of the more prevalent causes involves the fact that these tractor trailers are being operated by incompetent drivers and/or drivers who simply have not undergone adequate or reasonable training. Per federal law, all drivers of commercial trucks are required to possess a commercial driver's license (CDL). However, simply because a driver possesses a CDL, does not mean that the driver should be operating a commercial truck or be employed to do so.
While drivers should be extra vigilant and take additional precautions when driving near or around large trucks on the road, it is ultimately the responsibility of the trucking companies to take appropriate measures to ensure that the drivers they hire and put on the roads are competent and well trained. Ensuring trucks are driven by the best, most responsible drivers is equally, if not more, important as maintaining the trucks. When a truck accident happens due to the carelessness or negligence of the driver, then the driver, as well as the trucking company that employs the driver, should be held liable for the resulting harm and damages.
If you or someone you love has been injured or killed in an accident with a large truck due to driver negligence, compensation for lost wages, medical bills, emotional trauma, and more is likely in order. Because these types of accidents are generally more catastrophic than accidents simply involving passenger vehicles, the injuries sustained can also be more devastating. Injuries can be life altering and include paralysis, deformation, and other permanent damages. It is important to have an ally on your side and not take on big insurance companies or trucking companies on your own. Call the Birmingham truck accident attorneys at Hollis, Wright & Clay, P.C. as soon as possible to ensure you receive the compensation you deserve. You can call us at 844.LAW.TALK or 205.324.3600 or contact us online here.
Determining Incompetence or Negligence in a Driver
The Federal Motor Carrier Safety Regulations and other industry standards largely dictate how a trucking company should hire its drivers. These regulations mandate extensive requirements related to hiring, training, retention, investigations into driving history etc. Trucking companies are required to maintain a "driver qualification" file, in which they document the following about each driver:
- Prior driver's licenses,
- Prior experience,
- All accidents during the prior three years and any injuries,
- All traffic tickets within the last three years,
- All prior license suspensions,
- and All prior employers within the last three years, including reason for leaving the job.
Additionally, trucking companies are responsible for making a reasonable effort to research and determine whether a driver has had drug or alcohol problems. This includes contacting prior employers to confirm that the driver did not have any issues. This is an extensive and costly process. Those trucking companies that don't adhere to these hiring regulations and standards could be held liable. Should the truck driver get into an accident after being hired with no "due diligence" by the trucking company, the company can be held liable for hiring an incompetent driver. Furthermore, should an employer continue to employ a driver after realizing that the driver has become incompetent or has been careless on the job, the trucking company can be held liable for such misconduct. For instance, if a driver initially appeared to be suitable for the job, but later had an issue with a traffic violation or other incident, the trucking company should take some type of remedial or punitive action towards the driver. If they fail to do so, the company could be held liable if the driver causes another incident.
Hire Experienced Birmingham Truck Accident Attorneys
Should you or a family member be involved in a trucking accident caused by a driver that was suspected to be incompetent, or due to other wrongful conduct, trust the experienced Birmingham truck accident attorneys at Hollis, Wright & Clay, P.C.. Our attorneys are skilled in such claims and are well versed in the regulations and industry standards that apply to the trucking community. We will make good use of investigators, experts and other resources to determine exactly what happened in your trucking accident. This in turn will allow us to secure maximum compensation for you or your family. Take advantage of our FREE and confidential consultation by calling us at 844.LAW.TALK or 205.324.3600 or reaching out to us online here. Go here to find out more information about trucking accidents in general.