After a truck accident, you must identify the cause of the truck crash, to seek justice and compensation for your losses. Many factors can contribute to truck accidents, including driver errors, vehicle malfunction, or improper loading.
Determining the true cause of the truck collision might require extensive investigation into trucking company records and other evidence. Always call a truck accident attorney right away to begin investigating the accident, determine the liable parties, and preserve evidence.
In some cases, a truck driver might make dangerous and harmful mistakes because they lack the qualifications to operate the commercial vehicle in question. The right truck accident lawyer can get to the bottom of truck driver qualifications in your case.
When you need to hold an unqualified driver and trucking company liable for your injuries and losses, immediately consult a Bronx truck accident attorney. Time is short and consultations are free.
Trucking Driving in the United States
Truck driving is a critical industry in the United States, with millions of tractor-trailer drivers keeping the economy moving. In fact, approximately 2,044,400 truck drivers worked last year. The demand for truck drivers is high, as they transport goods across the country, ensuring products make it to store shelves and households on time.
While the average annual pay for truck drivers is $45,920, some drivers earn $76,780 or more, depending on experience, location, and the type of cargo they transport.
New York and New Jersey are two of the highest-paying states for trucking, presenting excellent opportunities for those seeking a career on the road.
Truck driving allows individuals to explore the country, witnessing the diverse landscapes and cities that make up the United States.
However, we must acknowledge that truck drivers spend long, stressful, and isolating hours alone on the road, away from their loved ones and the comforts of home. Drivers need to prioritize their mental and physical well-being and find ways to cope with the challenges that come with the job.
Due to the challenges, the trucking industry experiences a significant turnover, leading companies to hire younger and less experienced drivers to meet their needs.
While this opens the door for new entrants into the field, it also raises concerns about the qualifications and experience of some drivers.
With more unqualified drivers on the road, there is a higher likelihood of serious crashes and injuries to others. If you suffered injuries, get medical attention and immediately consult a truck accident lawyer.
CDL Requirements Under the FMCSA
The Federal Motor Carrier Safety Administration (FMCSA) sets stringent requirements for obtaining a Commercial Driver's License (CDL) since operating these large vehicles is so difficult and risky. The FMCSA is responsible for regulating the trucking industry to ensure the safety of both drivers and the general public.
To obtain a CDL, an applicant must first meet the basic requirements set by the FMCSA. These requirements include being at least 21 years old for interstate driving and 18 years old for intrastate driving.
Additionally, they must:
- Have a valid driver's license
- Pass a physical examination
- Provide proof of legal status in the United States
Once they meet these basic requirements, they must undergo CDL training. This includes both classroom instruction and hands-on experience behind the wheel. The training requirements may vary depending on the type of CDL the driver pursues and the state where they reside or seek employment.
One of the most important aspects of obtaining a CDL is passing the written and skills tests. These tests assess an individual’s knowledge and ability to safely operate a commercial vehicle. The written test covers vehicle inspection, basic vehicle control, and safe driving practices. The skills test evaluates an individual's ability to perform various maneuvers, including backing, turning, and parking.
FMCSA also has specific requirements for commercial driving endorsements, such as hazardous materials or passenger transportation. These requirements may include additional training and endorsements on your CDL.
Obtaining a CDL is an important step towards a career in the trucking industry. By understanding and meeting the FMCSA requirements, truck drivers can ensure they are prepared for the responsibilities and challenges of professional truck driving.
Unfortunately, some people end up behind the wheel of a semi-truck without the appropriate training or licenses, putting everyone at risk. When this causes you injuries, your truck accident attorney can hold the driver, trucking company, and other relevant parties liable for your losses.
Why Trucking Companies Might Allow Unqualified Individuals to Drive Commercial Trucks
The trucking industry is known for its high demand and tight schedules. With goods needing transportation across the country on time, trucking companies constantly seek drivers to fill their ranks.
However, this demand can lead to a shortage of qualified truck drivers. As a result, some companies may resort to hiring unqualified or inexperienced individuals.
Failing to properly check a driver's credentials can have significant consequences. Truck accidents caused by inexperienced or unqualified drivers can result in serious injuries or even fatalities. These accidents can also lead to costly legal battles and damage a company's reputation.
Trucking companies should ensure that every driver they hire meets the necessary qualifications and possesses the required skills and experience.
In some cases, a driver may misrepresent their qualifications. This can happen when a potential employee exaggerates or falsifies their experience or qualifications during the hiring process.
Trucking companies may not always catch these misrepresentations, especially if they rush to fill positions. Hiring a driver without proper vetting can put the company at risk and compromise the safety of everyone on the road.
To avoid the risks associated with unqualified drivers, trucking companies must prioritize thorough background checks and verification of credentials. This includes checking a driver's commercial driver's license and ensuring they have the necessary endorsements for specific types of cargo or vehicles. Additionally, companies should conduct thorough interviews and reference checks to ensure they hire experienced and responsible drivers.
The high demand and scheduling of the trucking industry can sometimes lead to trucking companies hiring unqualified individuals to drive commercial trucks. Failing to properly check a driver's credentials and drivers' misrepresentations of qualifications can have serious consequences for the company and the safety of everyone on the road.
You should always hold companies liable for negligent hiring with the assistance of an experienced truck accident lawyer.
Dangerous Errors that Unqualified Truck Drivers Might Make and Cause Accidents
Truck driving is a challenging profession that requires skill, experience, and a strong sense of responsibility. Unfortunately, not all truck drivers meet these qualifications, and their lack of experience and training can lead to dangerous errors on the road.
Lack of Proper Inspection
One of the most critical errors that unqualified truck drivers may make is neglecting to properly inspect and maintain their vehicles. Regular inspections can identify any mechanical issues or potential hazards that can compromise the truck's safety.
Without proper maintenance, brakes may fail, tires may blow out, or other components can malfunction, leading to serious accidents on the road. An experienced and qualified truck driver understands the importance of meticulous vehicle upkeep and takes the necessary steps to ensure their truck is in optimal working condition before hitting the road.
Fatigued Driving
Another dangerous error that unqualified truck drivers might make is failing to adhere to hours-of-service regulations. These regulations are in place to prevent driver fatigue and ensure that truck drivers get enough rest to drive safely.
Fatigue significantly contributes to accidents involving commercial trucks, as drowsy drivers have reduced reaction times and impaired decision-making abilities.
A qualified truck driver understands the importance of getting enough rest and adhering to these regulations. In contrast, an unqualified driver may push themselves to the limit, putting themselves and others at risk.
Reacting to Situation on the Road
Unqualified truck drivers may also lack the necessary skills to navigate challenging road conditions. Maneuvering large trucks requires a high level of expertise, especially when encountering adverse weather conditions or unfamiliar road layouts.
Qualified truck drivers receive extensive training and have experience handling various driving conditions. On the other hand, unqualified drivers may improperly handle unexpected situations, leading to errors in judgment and potentially dangerous accidents.
When unqualified truck drivers make these errors, the consequences can be severe. Accidents involving commercial trucks often result in significant property damage, serious injuries, and even fatalities. These accidents can have long-lasting physical, emotional, and financial impacts on those involved.
Seek legal representation following a truck accident, so your attorney can determine the cause and liability.
Examining Trucking Company Records Regarding Driver Qualifications
Identifying unqualified truck drivers can be difficult. Your truck accident attorney can thoroughly examine the trucking company's records regarding driver qualifications. These records can provide valuable information about the driver's training, experience, and compliance with safety regulations.
However, obtaining and preserving these records can be a complex process that requires professional assistance. Trucking companies may not willingly hand over their records, especially if they know their driver's qualifications are questionable. It may require a subpoena or other legal measures to compel the company to release the necessary documents.
That's one reason why you should never wait to consult a truck accident lawyer as soon as possible after the accident. They have the experience and knowledge to obtain the evidence you need to identify liability and build a strong case.
By obtaining and examining the trucking company's records, your attorney can determine if the driver had the required qualifications to operate a commercial truck.
They will look for:
- Evidence of proper training
- Valid commercial driver's license
- Compliance with hours of service regulations
- Any past violations or accidents.
This information is critical in establishing liability and proving negligence on the part of the truck driver or the trucking company.
It is important to act quickly because trucking companies may not keep their records indefinitely. They may have policies to destroy or dispose of records after a certain period. An attorney can preserve and fully examine all relevant records if you hire them early on. This can make a significant difference in the outcome of your case.
Consult a Truck Accident Attorney Now
If you or a loved one suffered injuries in a commercial truck crash, always consult a truck accident attorney as soon as possible. Truck accidents can result in serious injuries and significant property damage.
An experienced attorney can make all the difference.
A truck accident attorney regularly handles complex injury cases involving truck accidents and understands the unique challenges and legal issues involved.
They have the experience and knowledge to thoroughly investigate the accident, gather evidence, determine liability, and fight for your rights. They will ensure you receive the maximum compensation you deserve for your injuries, medical expenses, lost income, and pain and suffering.
Not only can a truck accident attorney provide the legal representation you need, but they can also alleviate the stress and burden of dealing with trucking companies and their insurers.
They will demand that the trucking company preserve any potential evidence, including important driver records, so you can build your truck accident claim. They will also handle all communication and negotiations with the insurance company on your behalf, ensuring the insurance adjusters do not take advantage of you.
Don't delay in seeking legal help after a truck accident. Contact a reputable Bronx personal injury attorney today to discuss your case and explore your legal options.
Remember, time is of the essence, and a knowledgeable and experienced attorney can significantly increase your chances of obtaining a favorable outcome.
Consultations are free, so schedule yours today.
