Negligent Hiring & Retention Attorney for Houston Truck Accidents
When trucking companies cut corners by hiring unqualified drivers or retaining unsafe employees despite violations, they put everyone at risk. If you were injured by an inadequately trained or improperly vetted truck driver, our Houston negligent hiring attorneys can investigate whether the motor carrier violated FMCSR hiring standards and failed to maintain proper driver qualification files..
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 hold a commercial driver’s license (“CDL”) and have carried several loads for one or more shippers.
But having said this, the inexperience of these truck drivers endangers everyone on the road. Even if accidents do not occur, these unqualified truck drivers pose a daily risk to those around them.
Instead of hiring inexperienced, inadequately trained drivers, trucking companies should hold themselves to higher standards. They must follow all rules and best practices to protect the motoring public and their drivers.
Negligent hiring and retention can result in company citations and provide an attorney representing truck accident victims with compelling evidence of negligence in a fatal accident or a personal injury lawsuit.
What is Negligent Hiring of Truck Drivers
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 means they will be cheaper. Trucking companies hire inexpensive drivers to cut costs. This decision can lead to reduced service quality and pose 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
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 are in place. When a company disregards the rules or retains an unsafe driver on its 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
The FMCSA recently amended the entry-level driver training (“ELDT”) regulations, which took 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.
81 FR 88732 contains the main training requirements. The entry-level driver training rule creates a minimum standard for entry-level drivers of commercial motor vehicles.
The rule states that truck drivers must pass specific CDL skills tests, such as 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.
Ultimately, motor carriers must ensure that their drivers are well-trained and equipped to handle any challenges they may encounter 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 where they have been licensed. Additionally, they must obtain a medical examiner’s certificate and a skill performance evaluation certificate from a field administrator.
Section 391.51 contains all essential safety rules. The FMCSA’s guidance in section 391.51 is also critical. For instance, the guidance states that drivers do not need to be requalified when a motor carrier purchases another motor carrier. The guidance also states that if a trucking company has all the driver qualification files but cannot produce them during a review or within two days, it will violate Section 391.51.
If a trucking company doesn’t follow safety rules, it may be sued for negligence. This could occur if a serious accident happens and a truck accident lawyer becomes involved.
The Importance of Screening and Reference Checks for Drivers
Motor Carriers must keep the driver’s safety information on file to comply with Section 391.51. Trucking companies must pay close attention to the backgrounds, experience, driving records, and medical histories of their prospective drivers.
In section 391.51(b)(7)(i), the driver’s medical examiner’s certificate must be on file. Not having the right paperwork or being unsure about the driver’s paperwork can affect a personal injury or wrongful death case.
Beyond driving records, however, trucking companies must monitor potential drivers’ driving history. If a truck driver has had problems such as speeding tickets or accidents while working, a lawyer can argue that the company was negligent in keeping them employed after those incidents.
Negligent retention occurs when a company should have terminated the employment of an unsafe driver, but instead kept them on. Our Houston negligent-hiring accident lawyers have won numerous cases in which training and retention were central themes.
Evidence of Trucking Company Negligence
Motor Carriers must follow the training and compliance rules of the FMCSR. Trucking companies must follow these regulations.
The first step in proving negligence in hiring or keeping a truck driver is a thorough investigation by a qualified truck accident attorney. Often, it is only after a lawsuit is filed and discovery is conducted that the proof of negligence on the part of the trucking company is established.
We routinely obtain the following information from the motor carrier as part of our ongoing litigation analysis in truck accident cases:
- A copy of the truck driver’s CDL
- The complete employment file of the truck driver
- The qualification file of the truck driver
- proof that the required background checks were conducted
- Review of the training material and classes attended by the truck driver
- The driving record of the trucker.
This information, along with the truck driver’s statement, can prove that the trucking company failed to fulfill its duty of keeping the driver safe on the road.
Call an UNDEFEATED TRUCK ACCIDENT LAWYER IN HOUSTON FOR HELP!
Negligent Hiring and Truck Accident Litigation
Negligent hiring and retention can result in citations for the company and provide a truck accident attorney 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 means they will be cheaper. A trucking company trying to cut costs, increase bottom lines, and decrease operating expenses by hiring the cheapest drivers happens frequently.
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 short, hiring or keeping unsafe drivers in violation of the rules is evidence of negligence on the part of the Motor Carrier.
Some of Our Recent Negligent Hiring Truck Accident Cases
- 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. We were able to prove negligence on the part of 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 fired the driver. The driver, who had exceeded the allowed hours, hit our client’s vehicle. After we discovered the numerous rule violations, the company settled the case by paying our entire multi-million-dollar demand.
- Our 18-wheeler accident lawyers learned that a driver who caused an injury accident lacked any real training. We used training materials in the driver’s deposition to expose just how unqualified the driver was. The defendant paid our demand, and our client was very happy with their settlement.
Why 18-Wheeler Lawsuit Experience Matters
After a truck accident, the extent of the damage is often not immediately apparent to the victims or their families. Attorneys without a working knowledge of the safety regulations and experience in uncovering wrongdoing are at a substantial disadvantage.
The evidence against the trucking company and its driver will significantly impact the outcome of a personal injury case.
Related Resources:
- Federal Regulation of Truck Drivers
- Negligent Entrustment Claims in Texas
- Texas Jury Finds Trucking Company Must Pay $101 Million for Truck Accident
- Truck Driver Fatigue and Trucking Accidents: Why You Need a Top-Rated Personal Injury Attorney
- What is the Average Semi-Truck Accident Settlement?
- Can I Sue for Being Hit By a Semi Truck
- Key Factors in Houston Truck Accident Lawsuits
- What to Do After an 18-Wheeler or Semi-Truck Accident in Texas?
- Accidents With Stalled or Parked Big Rigs
- Truck Lane Restrictions in Texas
- What are the Most Common Mechanical Failure for Big Rigs?
- How Can Truck Accidents Be Prevented in Texas?
- Liable Parties in a Houston Truck Accident
- HOW MANY HOURS CAN A TRUCK DRIVER DRIVE?
For a FREE Consultation Contact Us Today
"*" indicates required fields
Related Links
Our Experienced Houston Personal Injury Lawyer Can Help!
Legal Services
Call an Experienced Truck Accident Lawyer In Houston for Help
Contact the Houston truck accident law firm for help with a personal injury claim.
OR
Fill out an online consultation request for a FREE consultation.
About Our Law Firm in Houston
Houston personal injury attorney Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
Helping these areas around Houston
"*" indicates required fields
