Trucking companies must uphold safety standards and hire drivers responsibly
Negligent hiring practices by trucking companies often contribute to a significant number of commercial tractor-trailer accidents. These companies are responsible for ensuring that they hire truck drivers who not only possess proper licenses but also have a safe driving record devoid of a history of causing serious truck accidents.
The role of negligence in trucking companies' hiring practices becomes apparent when considering the laws that govern these processes. Understanding the legal framework that dictates the qualifications and background checks for truck drivers is crucial. Proving the negligence of a trucking company in hiring a driver responsible for your accident involves a complex process, requiring evidence that showcases the company's failure to adequately vet or train the driver, leading to their involvement in the accident.
If you or a loved one is a victim of a serious truck accident involving injury, it's essential to understand your legal options. Seeking justice and accountability in such cases requires the knowledge of an experienced truck accident lawyer who understands the nuances of the law and can help you build a strong claim against the negligent trucker and/or trucking company.
How are trucking companies negligent when hiring truck drivers?
Negligence encompasses the legal obligations that individuals or businesses must uphold. In the context of commercial trucking companies, their duty is to ensure that their vehicles and drivers adhere to safety standards, minimizing risks on the road.
Trucking companies display negligence through various hiring practices concerning commercial truck drivers, including:
- Lack of background checks: Neglecting to perform comprehensive background checks during driver hiring, including verifying any criminal history that might disqualify them from driving commercially, such as recent DUI convictions.
- Valid CDL verification: Failing to confirm whether the truck driver possesses a valid commercial driver's license (CDL), mandatory for operating many large commercial vehicles, including tractor-trailers.
- Prior accident history: Overlooking the assessment of a driver's past involvement in truck accidents and the nature of those accidents. For instance, determining if the driver caused high-speed collisions or ran red lights.
- Safety training compliance: Neglecting to ensure that the driver has undergone mandatory safety training as required by state or federal laws. This training should precede the operation of a commercial truck.
- FMCSA regulation violations: Ignoring any violations the driver may have incurred under the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA).
What laws do trucking companies have to follow when hiring drivers?
The hiring practices of trucking companies are governed by a set of laws that dictate the requirements they must adhere to when employing commercial truck drivers.
These regulations encompass numerous legal provisions, with a significant focus on Title 49 of the Code of Federal Regulations. This comprehensive compilation of federal rules and guidelines, overseen by the FMCSA and the Department of Transportation, delves into the hiring practices essential for trucking companies.
Within Title 49, Section 391 holds particular significance, outlining the specific qualifications that commercial truck drivers must meet to lawfully operate these vehicles. These qualifications encompass:
- Valid CDL: A commercial driver's license (CDL) is a prerequisite for truck drivers to operate commercial vehicles.
- Age requirement: Commercial truck drivers must be at least 21.
- Language proficiency: The driver must be proficient in reading and speaking English.
- Physical examination: Successful completion of a physical exam, conforming to the stipulations outlined in subpart E—Physical Qualifications and Examinations.
- Road test success: Passing a commercial truck driver's road test and obtaining the requisite certificate in accordance with Chapter 49, Section 391-31.
A truck accident attorney can get to the bottom of what happened
At McDaniel Law Firm, PLC in Jonesboro, Arkansas, our attorneys understand the nuances surrounding trucking company hiring practices and their potential consequences. Our experienced legal team is dedicated to helping individuals affected by commercial truck accidents involving negligence.
If you or a loved one has been injured in a truck accident, we are here to offer legal guidance and aggressively advocate for the financial compensation you deserve. To see how a Jonesboro truck accident lawyer can help, contact us today for a free consultation. Our law firm handles truck accident injury claims and lawsuits throughout Arkansas.
