Texas Lawyer for Truck Accidents With Inadequately Trained Drivers
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The State of Texas, and the Metropolitan areas of Houston and Galveston, there are tens of thousands of crossroads where hundreds of highways, roadways and interstates converge. Because of that, many residents and visitors are subjected to thousands of truck drivers that travel the state every day. Unfortunately, commercial truckers delivering goods usually face unrealistic deadlines that eventually cause fatigue or distraction on the road. In addition, passenger vehicles are often subjected to the potential of an accident due to the inadequate training of truck drivers on the road.
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Is A Company Liable For Their Truck Drivers?
Trucking companies have a legal responsibility to hire only competent and qualified drivers. This duty extends to all motor vehicle operators on the road. Maintaining this obligation ensures that the driver meets the basic standards of motor safety rules and regulations. Competency and qualifications involve:
- Pass Background Tests – Trucking companies are legally required to obtain extensive detailed data about every perspective commercial truck driver during the application process. This means that the trucking company must obtain information concerning previous employers, and the driver’s extensive driving record in every state the driver has been licensed over the last 36 months.
- Physical Capabilities – Every driver of a commercial truck or tractor-trailer must be physically qualified to handle the vehicle on the road. This should include adequate hearing, clear vision, and freedom from a variety of medical conditions including diabetes, high blood pressure, epilepsy and alcoholism.
- Completion of a Driving Test – Every driver must be properly licensed after completing a comprehensive commercial truck driving test.
- Compliance with Federal Law - Truck companies have a duty to regularly inspect and maintain their equipment. This duty extends to the drivers, who must understand the truck they drive, what can be fixed in an emergency, and when they should get help. Drivers should also understand when the truck should not be placed on the road because it needs repairs.
- Commercial Driver’s Licenses (CDLs) - Federal law has specific regulations that define which vehicles qualify as commercial factors. Some of the key factors are the gross vehicle weight rating of the truck, whether hazardous materials are being transported, and if 10 or more people are being transported.
- Getting Proper Rest - Truckers should be taught that there are limits on the amount of time they can drive and the amount of rest time that is required.
- Keeping Proper Logs - Truckers must keep accurate logs of their driving — mileage, route, time of operation, and other details.
- Understanding the Truck -Drivers need to be trained on the specific truck they drive. Just because a driver knows how to drive a flat-bed truck doesn’t mean he or she knows how to drive a semi-rig truck.
- Drunk Driving- Truck companies should explain to their employees that driving while being intoxicated is not allowed. The drivers should know that commercial drivers are held to a much higher standard than other drivers.
- Inclement Weather- Rain, fog, snow, sun, and other elements can make driving a truck treacherous. Drivers should be prepared to handle these elements. Handling a truck in bad weather is not the same as operating a car in bad weather.
Truck companies need to train their drivers on other factors as well. Drivers should understand the dangers of driving while tired, how to handle objects in the road, and the risks of driving while distracted. They should also appreciate that cars and motorcycles will not have the same reactions as truck drivers too. Many aspects of commercial truck operator training often includes safe evasive techniques and maneuvers for avoiding accidents along with proper methods of safely carrying hazardous or dangerous materials. The trucking company must ensure every driver transporting goods and products on the road follows these stringent safety requirements. In fact, trucking companies are required to follow the strict truck driving Code of Federal Regulations. Compliance includes adhering to requirements where trucking companies provide adequate training to every commercial truck operator before receiving any driver certification. The regulations establish detailed training requirements along with all necessary testing given by qualified instructors.
How To Establish Liability For A Truck Accident Caused By Inadequate Driver Training
Truck accidents often have more than one underlying cause, and a victim pursuing a legal claim against an at-fault party must set forth evidence of liability, or legal fault. Inadequate driver training may also lead to serious truck collisions, and truck companies should be held accountable for failing to fulfill their duty of properly preparing drivers for the road.
To hold a truck company liable following a crash, a victim would seek to show that the company did not meet its duty of adequately training the driver who caused the collision. Demonstrating that the trucking company failed to follow training regulations and that the driver’s inadequate training caused the accident will support a claim for compensation. After a determination that the trucking company and potentially the driver was accountable, the victim may be compensated for medical costs, pain and suffering, and lost wages caused by the accident, among other types of damages.
Inadequate driver training may lead to improper braking, speeding, or overweight/overloaded truck issues. Additionally, commercial truck operator training includes safe evasive tactics and maneuvers for avoiding collisions with dangerous or hazardous materials. To obtain a commercial driver’s license in Texas, applicants must meet state and federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) has established rules regarding minimum training standards, which require not only theory instruction but hands-on driving instruction as well. Proficiency in a range of elements is necessary in order to obtain a commercial driving license.
Licensing and Certification For Truck Drivers
Inadequate training of truck drivers can lead to serious unsafe conditions on the roadway, especially when driving heavy or overloaded trucks. An improperly trained or completely untrained truck driver can cause serious significant injuries or loss of life of other drivers and passengers who share the road. Trucking companies that employ drivers must ensure that they are trained sufficiently for commercial trucks and LCVs (longer combination vehicles).
Any unqualified commercial truck driver can cause a devastating, catastrophic accident, leading to severe injuries or possible death. This is because tractor-trailers can weigh upwards of 80 tons or more, a substantial weight that can crush passenger automobiles and other vehicle sharing the road.
Proper training, licensing and certification teaches drivers how to handle simple and challenging driving tasks. Even making a basic right turn can be an extensive process, and create blind spots that make it extremely challenging, if not impossible, to view other cars, trucks and vehicles on the roadway. It is essential that every truck driver be more trained and significantly more careful than any other driver on the road.
Legal Remedies For People Injured In Truck Accidents With Inexperienced Or Poorly Trained Drivers
When any truck driver fails to receive adequate and sufficient training from their employer, the trucking company, driver and management can be held legally responsible for all the damages, injuries and death they cause. Holding the responsible parties accountable for financial compensation is important because victims often need financial recompense for all immediate medical costs, lost wages, damages, pain, suffering, and mental distress.
Texas law provides truck accident victims with a legal right to file a claim against a negligent truck driver, a trucking company, or other parties potentially at fault. Federal and state standards must be met by trucking companies in order to ensure the safety of their drivers, as well as others on the road.
Truck Accident Lawyer Helping Injured People In Texas
Driving a tractor-trailer requires training in proper methods to maneuver these large vehicles. Additionally, training that is specific for commercial vehicles may help truckers overcome potential dangers on the road, avoiding collisions or minimizing harm. If you or someone close to you has been hurt in a truck accident due to inadequate driver training, you may be entitled to compensation from the trucking company, as well as other parties.
At the Pascoe Law Firm, we have experience prosecuting Texas truck accidents caused by the negligent acts of an inadequately trained driver. While many of these situations are not outwardly apparent, our attorney has litigated truck injury lawsuits and knows how to elicit information about insufficient training practices employed by many large companies. Our Lawyer has the needed experience to handle complicated tort litigation cases and aggressively fight to protect the rights of victims suffering injuries caused by the negligent actions of others. Call our Truck Accident Lawyer at 713-829-4317.
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Webpage is intended solely for residents of Texas or Persons seeking representation within Texas. An Attorney-Client relationship only occurs when both parties agree that the Attorney will represent the Client and will not be created until that agreement occurs. Website and all of its pages is intended to be used for educational purposes and does not constituted as legal advice. All information on every page of the website does NOT suggest or claim that the attorney has a specialization in any area of legal practice or certification. Attorney not certified by the Texas Board of Legal Specializations.
"John is very professional and great at what he does! He asks questions to be informed of your case so he can give you the best options and advice. He genuinely wants to help you and wants to make a good outcome for you. Would definitely recommend him to people needing his services!"
Pascoe Law Firm based on 66 reviews.
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Pascoe Law Firm based on 66 reviews.
