Truck drivers play an essential role in the health of our economy. The trucking industry is valued at approximately $700 billion and accounts for about 5% of total full-time jobs in the United States. While it is sometimes easy to focus on the shippers and carriers, truck drivers power the entire industry. They do outstanding work and shouldn’t be taken for granted.
But there is a harsh truth within the trucking industry.
Many “Motor Carriers” companies hire inexperienced and inadequately trained commercial truck drivers. These drivers may seem qualified on paper. For example, they may have a commercial driver’s license (“CDL”) and may have carried several loads for one or several shippers.
That said, the inexperience of these truck drivers endangers everyone on the road. Even if accidents do not occur, these unqualified truck drivers create daily risks for those around them. Texas has more fatal truck wrecks than any other state, and Houston leads the statistics.
Instead of hiring inexperienced, inadequately trained drivers, trucking companies must set higher standards. They must follow all rules and best practices to protect the motoring public and their drivers.
Negligent Hiring and Truck Accident Litigation
Negligent hiring and retention can result in citations for the company and provide a truck accident attorney in Houston with compelling evidence of negligence in a personal injury lawsuit. However, it is often only after a lawsuit is filed and evidence is obtained through discovery that the trucking company’s negligent actions are revealed.
Untrained or inadequately trained truck drivers are in high demand for many Motor Carriers. Even if they don’t have much experience, their lack of experience makes them cheaper. A trucking company trying to cut costs, increase the bottom line, and reduce operating expenses by hiring the cheapest drivers often does so.
Untrained or inexperienced drivers are involved in 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 short, hiring or keeping unsafe drivers in violation of the rules is evidence of negligence on the part of the Motor Carrier.
FMCSR and Negligent Hiring and Retention
Trucking companies must follow the Federal Motor Carrier Safety Regulations (“FMCSR”) instead of hiring inexperienced and untrained truck drivers.
The Federal Motor Carrier Safety Administration (“FMCSA”) regulates commercial vehicles, drivers, and Motor Carriers. Regulations related to driver experience and training exist. 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.
Training Requirements for Truck Drivers
FMCSA recently amended the entry-level driver training (“ELDT”) regulations, which went into effect on February 7, 2020. This amendment was relatively minor, as it adopted a new Class A CDL theory instruction upgrade curriculum to reduce training time and costs by Class B CDL holders upgrading to a Class A CDL.
81 FR 88732 contains the main training requirements. The entry-level driver training rule establishes minimum standards for entry-level drivers of commercial motor vehicles.
The regulation requires truck drivers to complete specific CDL skills tests, including range and public road segments (including discrete maneuvers). While there are no minimum proficiency hours for new driver-trainees, they must demonstrate their skills proficiently to training instructors.
Ultimately, Motor Carriers must ensure that their truck drivers are fully trained and can navigate the challenges they encounter on the road in compliance with federal regulations. Unfortunately, today our big-rig accident law firm sees many instances of companies cutting corners and hiring drivers who should not be operating tractor-trailers.
An unlicensed driver operating a big rig may constitute negligent entrustment in Texas.
Driver’s Qualification Files
Section 391.51 of the FMCSR generally requires driver qualification files. There are many requirements when creating a driver’s qualification file.
Some of those requirements include the driver’s application for employment, a list or certificate related to violations of motor vehicle laws and ordinances, a copy of the motor vehicle record received from each state record, a medical examiner’s certificate, and a skill performance evaluation certificate obtained 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.
Critically, the guidance states that if a motor carrier maintains complete driver qualification files but cannot produce them at the time of review or within two business days, that motor carrier will violate section 391.51.
A trucking company that does not meet the minimum safety rules to the letter can be sued for negligence by a truck accident lawyer if a severe accident occurs.
Screening and Reference Checks
Motor Carriers must keep the driver’s safety information on file to comply with Section 391.51. Trucking companies must closely evaluate prospective drivers’ backgrounds, experience, tickets, and medical issues.
In section 391.51(b)(7)(i), the driver’s medical examiner’s certificate must be on file. Failing to have this documentation or being satisfied with the driver’s documentation can lead to evidence in a personal injury or wrongful death case.
Beyond driving records, however, trucking companies must monitor potential drivers’ driving history. After employment, if the driver has issues such as moving violations or injury accidents, an attorney for truck wrecks can make a claim of negligent retention.
Negligent retention occurs when a company should have terminated an unsafe driver but kept him on. Our Houston truck accident lawyers have won many cases in which training and retention were central themes.
Trucking Company Negligence
Motor Carriers must follow the training and compliance rules of the FMCSR. Trucking companies must follow these regulations. After an injury accident with an 18-wheeler, the best truck accident lawyer will demand the complete driver’s qualification file in a truck accident lawsuit.
Also, a top-rated truck accident attorney will likely run a background check on the driver involved in the accident.
Trucking accident statistics prove that inexperience can lead to accidents.
Baumgartner Law Firm’s Negligent Hiring Case Victories
- A smaller Motor Carrier hired an inexperienced driver without ensuring he was safe and giving him a real driving test. The driver, who had been on the job less than four months, lost control of the tractor-trailer and jackknifed the rig across the highway, killing an innocent person. Our fatal truck accident lawyers proved negligence by the driver and the company. Our clients received a huge 7-figure settlement before trial.
- A company retained a driver who was cheating on his logbooks. A careful examination of the logbooks and cell phone records in our truck accident investigation showed that the company should have been aware of the violations and that the driver should have been terminated. The driver, who exceeded the allowed hours, struck our client’s vehicle. After we discovered numerous rule violations, the company settled the case by paying our entire multi-million-dollar demand.
Call the Leading Truck Accident Lawyer in Houston for Help!
Our award-winning truck accident lawyer helps truck crash victims in Houston and across Texas and is UNDEFEATED in over 40 years of handling 18-wheeler accident lawsuits.
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Call (281) 587-1111.
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