Negligent Hiring of Truck Drivers

Negligent Hiring of Truck Drivers

Untrained or inadequately trained truck drivers are appealing to hire for many Motor Carriers. Even if they don’t have much experience, their lack of experience means they will be cheaper. Trucking companies hire inexpensive drivers to cut costs. This decision can result in reduced service quality and safety hazards.

Untrained or inexperienced drivers get into accidents at an alarming rate. Worse, the driver can operate a big rig weighing up to 80,000 pounds. In an 18-wheeler truck accident, severe personal injury is likely. In brief, hiring or keeping unsafe drivers who break the rules shows negligence by the Motor Carrier.

Complying with the Federal Motor Carrier Safety Regulations

Instead of hiring inexperienced and untrained truck drivers, Trucking companies must follow the Federal Motor Carrier Safety Regulations (“FMCSR”). The Federal Motor Carrier Safety Administration (“FMCSA”) regulates commercial vehicles, drivers, and Motor Carriers. There are regulations related to driver experience and training. When a company ignores the rules or keeps an unsafe driver on the payroll, it may amount to negligence.

It is often only after a severe injury crash that a truck accident investigation shows negligent hiring or training.

Truck Driver Training Requirements

FMCSA recently amended entry-level driver training (“ELDT”) regulations that went into effect on February 7, 2020. This change was small. This small change made it faster and less expensive for Class B CDL holders to upgrade to a Class A CDL. The training curriculum for theory instruction was updated to facilitate this process.

The main training requirements can be found in 81 FR 88732. The entry-level driver training rule creates a minimum standard for entry-level drivers of commercial motor vehicles.

The rule says truck drivers must pass specific CDL skills tests, like driving on a range and public roads with specific maneuvers. New drivers do not have a set number of hours to practice, but they must show they can drive well to their instructors.

In the end, Motor Carrier needs to make sure their drivers are well-trained and can handle any challenges they face while driving. Unfortunately, today, our big rig accident law firm sees many examples of companies cutting corners and hiring drivers who should not be operating tractor-trailers.

49 CFR Section 391.51: General Requirements for Driver Qualification Files

Section 391.51 of the FMCSR generally requires driver qualification files. There are many requirements when creating a driver’s qualification file. Drivers must apply for a job and provide a list of violations. They also need to submit a motor vehicle record from each state. Additionally, they must obtain a medical examiner’s certificate and a skill performance evaluation certificate from a field administrator.

Section 391.51 all essential safety rules. Also, FMCSA’s guidance in section 391.51 is critical. For instance, the guidance states that drivers need not be requalified when a motor carrier purchases another motor carrier. The guidance states that if a trucking company has all the driver qualification files but cannot show them during a review or within two days, they will violate section 391.51.

If a trucking company doesn’t follow safety rules, they may be sued for negligence. This could occur if a serious accident happens and a truck accident lawyer becomes involved.