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Determining who is liable after a truck accident can be complex since multiple parties are involved, including the driver, trucking company, manufacturer of the vehicle and its parts, and the owner of the cargo. Discover how a trucking company's actions can lead to accidents below.
Some truck accidents arise from a firm's hiring practices. For instance, a company may hire inexperienced drivers and put them behind big rigs, increasing the chances of fatal accidents.
Some firms seek to hire inexperienced drivers since they charge less per mile than seasoned drivers. However, the result of hiring inexperienced drivers is serious accidents that can lead to death. Other firms can fail to do thorough background checks on new hires.
Under the Federal Motor Carrier Safety Regulations (FMCSR), trucking firms must request a driver's personal information from previous employers for the previous three years. They should also obtain a motor vehicle record for each state a driver held a truck-driving permit in the last three years. Further, the company must review a new driver's drug test history and inspect their motor vehicle records every year.
Driver error is the primary cause of truck accidents. As such, driver training must be a priority for a trucking company looking to prevent accidents. However, some trucking companies cut corners during driver training to quickly get new hires on the road.
Inadequate training has deadly consequences since drivers lack the skills to make good decisions on the road. For instance, an insufficiently trained driver may drive too fast for certain weather conditions or move too close to other drivers on the highway. Since trucks are large and heavy, drivers need certain hours of classroom instruction and on-the-job training to drive safely.
Fatigued drivers will likely fall asleep at the wheel and cause deadly collisions. Driver fatigue has many causes, such as unrealistic deadlines set by the trucking company.
Federal and state regulations restrict the hours a driver can drive a commercial rig in-between shifts. However, a trucking firm's demanding deadlines can encourage drivers to disregard these regulations when they are tired. The company can also look the other way as drivers falsify their logbooks.
A tired driver can fail to check blind spots, make sudden lane changes, or sudden turns that endanger other vehicle operators. Drowsiness can also interfere with how quickly a driver reacts to sudden traffic conditions.
Big rigs are more complex than other vehicles and need constant upkeep. Commercial trucks are especially prone to dangerous malfunctions because they travel long distances under the immense weight of heavy cargo.
Some companies don't maintain their trucks as often as required and mechanical failures lead to catastrophic accidents. Many truck accidents involve brake failures due to poor upkeep and improper evaluation.
Because of this, federal regulations require truck companies to maintain the brakes on their trucks at all times. Therefore, some truck accidents result from tire blowouts due to faulty examination and inadequate upkeep.
Drug use is prevalent among truck drivers, with cocaine, amphetamines, and marijuana being the most common substances. Some drivers tend to use these drugs to reduce stress and stay awake for long hours.
However, drugs also reduce a driver's ability to drive safely, making them more likely to cause accidents. The law requires trucking companies to screen new hires for drugs and keep testing them throughout their employment. If a driver under the influence hits you, your attorney may hold the company liable for inadequate drug screening.
A truck accident attorney can also use various pieces of evidence to support a truck accident claim. For instance, the attorney can request prior traffic violations and incident reports from the police department. In this case, the attorney investigates the company's hiring policies and the driver's background to build their case.
If a trucking company is liable for your injuries after a truck accident, our attorneys at the Schonberg Law Offices can build a strong case to ensure you recover the compensation you deserve. Contact us today to meet our legal team.
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