Driving a large truck is not an easy task. Truck drivers have special training requirements, commercial licenses, and rules and regulations for a reason. If a trucking company hires or retains an unqualified truck driver, this can greatly increase the risk of a truck accident. In this situation, the trucking company can often be held responsible for the crash. An experienced San Antonio truck accident lawyer can help you navigate the complexities of a truck accident claim.
What Is an Unqualified Truck Driver?
There are Texas state and federal laws regarding the required qualifications of a commercial truck driver. Drivers must undergo special training and pass tests to obtain commercial driver’s licenses (CDL). Other qualifications include a valid CDL medical examiner’s certification and completion of the Texas Department of Criminal Justice freight transportation road test.
An unqualified truck driver is one who does not meet the legal requirements but is hired by a trucking company anyway, such as due to a truck driver shortage or the company cutting corners. An unqualified driver may not have the education, training or certification to legally drive a big rig. This places the driver in a position to potentially cause accidents due to a lack of knowledge and experience.
Increased Risk of Truck Accidents
Stringent truck driver qualifications are enforced for a reason; tractor-trailers and 18-wheelers are difficult to drive and require specialized knowledge and training. Large trucks have large blind spots, for example, and wide turn radiuses. If a driver is not properly trained and prepared to operate a semi-truck, this increases the odds of the driver causing an accident.
Examples include:
- Rear-end collisions: mistakes such as failing to account for a truck’s greater stopping distance, following others too closely or failing to use the proper braking techniques could lead to the driver crashing into the back of another vehicle.
- Rollovers: maneuvering a truck incorrectly in a way that is dangerous, such as slamming on the brakes, overcorrecting or taking a turn too sharply, could cause the truck to roll over onto its side or flip.
- Jackknife accidents: failing to properly control, stop or steer a truck can cause the trailer to swing out at an angle away from the cab, resulting in a dangerous loss of truck control.
- Lane-change accidents: failing to check blind spots or make a lane change safely can lead to a sideswipe accident or collision with a vehicle in another lane.
Unqualified truck drivers are also more likely to break federal safety regulations. They may not be aware of all the rules that apply to them. For example, an unqualified driver could exceed hours-of-service restrictions, enhancing the risk of a drowsy driving accident.
Who Is Liable for a Truck Accident Involving an Unqualified Driver?
When an unqualified truck driver causes a truck accident in Texas, the trucking company can often be held vicariously liable. As employers, trucking companies are responsible for the actions and mistakes of their drivers, including independent contractors. In addition, a trucking company could be held directly responsible for hiring or retaining a truck driver who is known to be unqualified.
If you need to go up against a trucking company for an accident caused by an incompetent truck driver, hire a personal injury attorney in San Antonio to help you protect your rights. An attorney can prevent a trucking company from taking advantage of you during the claims process to optimize your financial outcome. Contact Hill Law Firm Accident and Injury Lawyers for a free consultation about your recent truck accident.