Unqualified Truck Driver Accident Lawyers

If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.

Truck Accidents Caused by Unqualified Drivers

Trucking companies are obligated to hire qualified drivers who can safely operate vehicles that weigh tens of thousands of pounds. When they fail to uphold this obligation, they can be held accountable for the negligent hiring of unqualified or disqualified drivers. If you were injured in a truck accident in Texas, reach out to a knowledgeable lawyer with Dunham & Jones, Attorneys at Law. We offer a free case review to discuss your legal rights and options.

What are Unqualified or Disqualified Truck Drivers?

Driving a semi-truck requires specific skills and qualifications. Drivers must have the appropriate trucking license and any necessary endorsements before they can legally drive certain types of trucks. They must also be physically fit to operate the vehicle safely. Unqualified drivers lack the necessary qualifications or experience to safely operate a truck.

Disqualified drivers, on the other hand, are those who once met these qualifications, but have had their commercial driving privileges temporarily suspended or revoked due to various violations. Part 383.51 of the Federal Motor Carrier Safety Act lists specific traffic violations that can result in a driver being temporarily disqualified from operating a commercial motor vehicle, including:

• Driving 15 mph or more over the posted speed limit
• Reckless driving
• Making improper or erratic lane changes
• Following too closely
• Violating a law related to motor vehicle traffic control in connection with a fatal accident
• Driving without a valid commercial driver’s license
• Driving without a valid endorsement
• Texting while driving
• Using a handheld mobile device
• Driving with a blood alcohol content of 0.04% or greater
• Driving under the influence of drugs
• Refusing a drug or alcohol test
• Committing a felony with the vehicle
• Leaving the scene of an accident involving another vehicle
• Causing a fatality through the negligent operation of a commercial vehicle
• Driving a commercial motor vehicle with a suspended commercial driver’s license

Many of these offenses result in an initial 60-day suspension, while a subsequent offense can lead to a 120-day suspension or longer.

Why do Companies Hire Disqualified or Unqualified Drivers?

The United States is facing a nation-wide shortage of qualified truck drivers, and many companies are unable to meet the high demand for delivering consumer goods. This has led some trucking companies to hire unqualified or disqualified drivers, resulting in avoidable accidents. In these situations, the negligent trucking company can be held responsible.

Best Practices When Hiring a Truck Driver

Implementing strict hiring practices is crucial for maintaining safety standards in the trucking industry. When hiring truck drivers, companies are expected to follow the following best practices to minimize the risk of accidents and ensure compliance with industry regulations:

• Thorough background checks: Companies should conduct comprehensive background checks, including reviews of the applicant’s driving record, criminal history, and previous employment verification, to identify any red flags.
• Verification of credentials and qualifications: Companies should confirm that all potential hires possess a valid Commercial Driver’s License (CDL) and any necessary endorsements. Verification of participation in specialized training programs is also beneficial.
• Pre-employment drug and alcohol testing: Companies are expected to implement a strict policy for drug and alcohol testing before hiring to prevent accidents related to substance abuse.
• Regular health assessments: Companies must ensure that drivers are medically fit through regular health assessments, detecting conditions that may impair their ability to operate a commercial vehicle safely.
• Skills assessment: Finally companies should evaluate a candidate’s ability to handle specific types of vehicles and situations through practical skills assessments, including on-road driving tests or simulator scenarios.

Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Truck Accident case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.

Consequences of Negligent Hiring Practices in the Trucking Industry

Negligent hiring practices can have severe repercussions for trucking companies, their employees, and the public such as:

• Increased accidents and safety issues: Unqualified truck drivers are more likely to be involved in accidents, posing risks to their safety and the safety of others, potentially leading to severe injuries, fatalities, and property damage.
• Legal and financial liabilities: Trucking companies that fail to conduct proper due diligence in their hiring processes could face legal actions if their drivers cause accidents, resulting in costly settlements or judgments, and increased insurance premiums.
• Damage to their Company’s Reputation: Companies found guilty of negligent hiring practices might suffer from a damaged reputation, affecting their ability to attract business and qualified employees. Public trust is crucial in the logistics and transportation industry, and once lost, it can be challenging to regain.
• Regulatory penalties: Federal and state regulations mandate strict compliance with safety standards, including those related to hiring. Violations can lead to fines, sanctions, and restrictions on a company’s operations.
• Impact on employee morale and retention: Negligent hiring practices can undermine the morale of other employees who may feel that safety and compliance are not taken seriously, leading to higher turnover rates, adding to recruitment and training costs.

How to Prove Fault in an Accident Involving an Unqualified Driver?

Modern-day trucks contain many technological advancements, including onboard cameras, black box recorders, and computer systems that track a vehicle’s every movement. However, trucking companies are often reluctant to hand over such valuable evidence when doing so can subject them to substantial liability. This is why it is critical to work with an experienced attorney who knows how to identify, preserve, and assemble evidence to establish the trucking company’s negligent hiring practices.

Call Today for a Free Consultation with Dunham & Jones, Attorneys at Law

When a trucking company negligently hires an unqualified or disqualified driver, they can be held responsible for the injuries the driver causes through their negligent operation of the truck. The Dunham & Jones Law Firm has the experience, resources, and skills necessary to secure the compensation you deserve. Call us today at 888-222-9746 for your free consultation.