Commercial drivers hold immense responsibilities. Operating a large truck requires more than just basic driving skills; these drivers need to master complex techniques and advanced protocols to perform their jobs safely.
This is why truck driver training and certification is so important. Trucking companies must ensure that the drivers that they hire meet certain qualifications; if they fail to uphold these duties, these companies may be held liable for negligent hiring practices. A truck accident attorney in Kansas City can help you navigate your accident claim.
How Unqualified Drivers Can Cause a Serious Accident
Unqualified drivers lack the necessary skills, experience, and judgment to safely operate commercial vehicles. These deficiencies can increase the risk of devastating accidents. For example, drivers may struggle with proper vehicle control, fail to adjust their driving to accommodate adverse weather conditions, or misjudge the time and distance required to stop their massive rigs.
Despite these dangers, trucking companies may fail to perform their due diligence when hiring drivers. This can occur due to cost-cutting measures aimed at maximizing profits, high driver turnover rates that require rapid replacements, or even subpar oversight and management practices overall.
What Constitutes Negligent Hiring for Trucking Companies?
Trucking companies have a legal obligation to ensure their drivers are qualified, competent, and safe. Negligent hiring occurs when a company fails to exercise reasonable care in this process, which can take several forms:
- Failing to Verify a Driver’s Credentials: Companies must thoroughly check a driver’s Commercial Driver’s License (CDL) and ensure that it is valid and appropriate for the type of vehicle that they will be operating. They should also verify any specialized endorsements required for specific cargo or vehicle types. When these companies fail to take these steps, they can put an unqualified driver behind the wheel.
- Failing to Conduct a Background Check: A comprehensive background check can reveal crucial information about a driver’s history, including previous accidents, traffic violations, or substance abuse issues. Ignoring these red flags puts everyone at risk, but some companies fail to conduct these important screening processes.
- Failing to Provide On-the-Job Training: Even experienced drivers need ongoing training to stay current with safety regulations and best practices. Before a driver can get behind the wheel of a truck, their employer must ensure that they have the skills necessary to operate that specific vehicle. Companies that skimp on training leave their drivers ill-equipped to handle the challenges of the road.
What Are Your Legal Options After an Accident with an Unqualified Driver?
If you have been injured in an accident involving an unqualified truck driver in Kansas City, you have the right to pursue legal action. In these situations, liability extends beyond the driver to include the trucking company that employed them. However, proving that a company is at fault for a truck accident can be a complex process.
Trucking companies often have large insurance companies and defense counsel behind them, which often aim to minimize your recovery. To level the playing field, you need a Kansas City truck accident lawyer on your side. An attorney will work tirelessly to gather evidence, build a strong case, and prove your right to compensation.
Do not let the negligence of trucking companies and their unqualified drivers go unchallenged. Schedule a free legal consultation with a Kansas City personal injury attorney today and take the first step toward justice and recovery. Contact us today for a free consultation.