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What Happens When Unqualified Truck Drivers Crash?

Morgantown Truck Accident Lawyer

An unqualified truck driver either does not have a valid commercial driver’s license (CDL) or does not meet other regulations outlined by the Federal Motor Carrier Safety Administration (FMCSA). FMCSA regulations govern commercial truck driver activity in the United States.

However, some drivers and employers may ignore the law when they think they can get away with doing so. These regulations include hours-of-service regulations, criminal background checks, and medical checks, among other requirements that truck drivers must meet. In some cases, the employer can also share liability for damages if an unqualified driver causes an accident.

CDL Requirements and Other Rules

For drivers to obtain a valid CDL, they must first have proof of insurance, present a valid social security card, and undergo a driving record check and screening by the Transportation Security Administration (TSA). If the driver meets all of these requirements, he or she can take the physical exam, complete all required coursework, and take the road tests to qualify as a truck driver.

Disqualifications

Drivers might become unqualified after obtaining their CDLs, after driving for many years, or after driving for a few days. If the driver’s driving record does not reflect safe driving, the driver committed a crime, or the driver fails vision requirements, his or her employer should deem the driver unqualified.

Sometimes, employers hire unqualified truck drivers. A driver who has gone through a truck driving school but failed written tests, does not know how to inspect a truck, or has failed truck inspections given by the U.S. Department of Transportation does not meet the requirements to work as a commercial truck driver.

How an Employer Might Bear Liability After an Accident

An employer can share in the responsibility for a driver’s truck accident from:

Types of Accidents an Unqualified Driver Might Cause

An unqualified driver, or a driver with little to no hands-on experience and training, could cause any number of accidents. Because of a truck’s large size and heavy weight—even when empty—those driving passenger vehicles or motorcycles that collide with a truck often suffer catastrophic injuries.

Types of truck driving accidents caused by unqualified drivers include:

Truck Accident Injuries

In addition to the minor injuries often seen in car accidents, those involved in truck accidents often suffer from catastrophic injuries. A tractor-trailer can weigh up to 80,000 pounds; that’s a lot of weight compared to the 3,000 to 9,000 pounds of passenger vehicles. Even a tractor with no trailer weighs considerably more than a passenger vehicle—even a full-size pickup truck.

Thus, injuries sustained in truck accidents often prove catastrophic and could include:

Recovering Damages After a Truck Accident

If you suffered injuries or lost a loved one in a truck accident, you can recover compensatory damages. If you can prove the driver’s or the employer’s gross negligence caused the accident, you might recover punitive damages. Courts order compensatory damages in an attempt to make injured individuals whole again, but courts order punitive damages as a punishment for a defendant’s grossly negligent or intentional behavior.

Economic Damages

Sometimes called special damages, economic damages have a monetary value and may include:

Non-Economic Damages

Sometimes called general damages, non-economic damages do not have a monetary value. You cannot put a price on someone’s pain and suffering.

Non-economic damages include:

If you suffered injuries or lost a loved one in a truck accident because of an unqualified driver, contact an experienced truck accident attorney for a free case evaluation.