Operating an 18-wheeler is a very different experience from driving a standard commuter car, truck, or SUV. On top of being substantially longer, taller, and wider than other vehicles, commercial tractor-trailers can also outweigh commuter cars by several tons when fully loaded with cargo, and all that weight can significantly change how the truck responds to acceleration, braking, and sharp turns.
Given how dangerous these massive machines can be if they get involved in traffic wrecks, it’s vital for trucking companies to be diligent about only hiring qualified drivers who are properly licensed and who do not have a history of irresponsible behavior behind the wheel. Unfortunately, truck accidents involving poorly screened drivers are much more common than they should be, as our team here at Phillips Law Group knows all too well.
It goes without saying that when trucking companies look to hire drivers, they should only hire people who have valid Commercial Driver’s Licenses (CDLs), and more specifically, Class A CDLs, which indicate they have the necessary skills to operate tractor-trailers. They should also screen for appropriate endorsements if they need drivers to transport certain types of dangerous materials—for example, an “H” designation to indicate they’re qualified to transport HAZMAT.
In addition, trucking companies should conduct background checks on potential hires to see whether they’ve been arrested and convicted for driving under the influence (DUI) in the past, have a history of traffic violations and/or substance abuse, and if they’ve been involved in traffic accidents involving commercial trucks before. All these things could be signs that the driver in question may be irresponsible again in the future and potentially could cause a wreck.
If a truck driver is classified as an “employee” of a trucking company rather than as an independent contractor, the trucking company likely holds “vicarious liability” for any injuries their employee causes through negligent driving. However, trucking companies can sometimes be held directly liable for truck accidents caused by poorly screened drivers.
The logic behind this is fairly straightforward: if the trucking company had proper screening procedures during their hiring process, they would’ve seen the risk factors in a particular driver’s past and declined to hire them, so they wouldn’t have had the opportunity to cause the wreck that they caused. Accordingly, the employer was just as much a party to the individual driver’s actions as the individual driver. It can be named as a defendant in an ensuing civil claim with that in mind.
If you have further questions about civil liability, compensable damages, or any other aspects of lawsuits over truck accidents involving poorly screened drivers, a member of our team can provide the information you need during a free, no-obligation consultation. Call Phillips Law Group today to set up a meeting.
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