Most truck drivers are qualified and serious about others' safety. However, unqualified truck drivers are more likely than most to cause accidents. While drivers must undergo extensive training to obtain a commercial driver's license (CDL), this does not necessarily indicate they are qualified. Even if a truck driver has the skill and knowledge necessary to drive such a large, dangerous vehicle safely, they may choose to depart from the lessons taught during training. After a truck accident, hire a truck accident attorney to lead your case for compensation.
What Makes a Truck Driver Unqualified?
Most of us assume that those driving trucks are fit to do so. How can anyone permit an unqualified driver to operate a vehicle weighing up to 80,000 pounds, after all? The truth is, countless truckers who occupy the road every day lack the qualifications to drive because of:Inadequate Training
Just because a driver has a CDL does not make them fit to operate a truck right now. Even a licensed driver may:- Have obtained their license through fraud, deceit, cheating, or other unethical means
- Have not received adequate training from their employer
- Fail to brush up on their knowledge or training, which can cause them to lose sight of best driving practices, inspection requirements, and other aspects of safe truck operation
Failure to Apply Their Training
A truck driver may possess all the necessary education. If they don't apply that training or education properly and consistently, though, what good is it? A driver may fail to apply lessons learned in their education or training because: - They have financial reasons to defy their training (for instance, speeding may allow the driver to cover more miles, but it defies basic training lessons)
- They misinterpret whether aspects of their training are optional or mandatory
- They simply believe they are above the rules and regulations
Driving a Vehicle They Are Not Licensed To
Commercial drivers must obtain certifications to operate certain types of trucks. Trucks carrying fuel and other combustible substances, for example, require additional certification. It's not unheard of for:- Truck drivers to misrepresent their skills or credentials through fraudulent means
- Companies to condone a driver operating a vehicle they are not licensed to operate (perhaps for financial motives)
- A truck driver's credentials to expire without their employer or regulatory bodies taking notice
Driving While Impaired by Drugs or Alcohol
As part of issuing licenses, the Federal Motor Carrier Safety Administration (FMCSA) considers drivers' histories of drug and alcohol abuse. However, drivers with no documented history of operating a vehicle under the influence can begin to:- Engage in recreational drug use that impairs their driving abilities
- Engage in outright abuse of illicit or prescription drugs
- Drive their truck while under the influence of alcohol
Driving While Tired or Suffering Health Conditions
We often use the term fitness to describe someone's physical health and well-being. This applies to truck drivers, who must operate large, heavy vehicles for many hours at a time. A truck operator becomes a danger to themselves and others when they are:- Tired
- Visually impaired
- Prone to health episodes
- Anything but healthy, alert, and physically capable of commanding a multi-ton vehicle
Why Unqualified Truck Drivers Are Exceedingly Likely to Cause Accidents
Accidents happen all the time, and some of them are not preventable. However, most accidents are preventable, and unfit drivers are a common cause of truck collisions. Unfit truck drivers are more likely than most to cause accidents because:The Weight and Complexity of Trucks Requires Masterful Operation
Trucks are anything but ordinary vehicles because:- They have a complex array of controls, and the driver must understand how to use each of them
- They are typically towing a trailer, which introduces a whole range of added complications and complexities
- Their weight makes trucks difficult to maneuver, meaning driving a truck is unlike driving smaller, lighter vehicles
Rules Are in Place for Good Reason
Truck drivers who don't understand or don't follow training, FMCSA regulations, or the rules of the road pose a serious danger. Compliance with this training, rules, and laws can reduce the risk of accidents—therefore, disregarding them means increasing the likelihood of a collision.Roads Are Dangerous Enough Without Unfit Truck Drivers
Even when drivers are operating at peak performance and with safety as a top priority, they may cause an accident. Unfit drivers, therefore, only add to the accident risk posed by:- Changing road conditions, like traffic jams
- Work zones
- Cracks and potholes in the roadway
- Animals crossing the road
- Pedestrians near the roadway
- Confusing intersections
Who Is Responsible When an Unqualified Truck Driver Causes a Collision?
You can usually hold two parties liable when an unfit truck driver causes a collision:- The truck driver
- The trucking company that employs the unfit driver
- Failing to ensure the driver has proper credentials upon hiring
- Failing to train the driver beyond the education provided during the licensing process
- Failing to ensure the driver updates their credentials, gets medical evaluations at regular intervals, and takes other steps to ensure their fitness
- Not conducting regular drug and alcohol testing, particularly when a driver shows signs of possible abuse
- Encouraging or permitting drivers to operate vehicles when they are unfit to do so
Drivers Are Not Always the Reason for Truck Accidents—You Can Hold Other Parties Liable
You can hold an unfit driver and their employer responsible for your accident. That said, truck accidents also result from:- Hazardous road conditions
- Defective trucks and trailers
- Reckless acts by pedestrians
- Many other hazards that are not the driver or trucking company's responsibility
How to Hold an Unqualified Truck Driver and Their Employer Accountable (Hire a Lawyer as Soon as Possible)
Start your fight for fair compensation by hiring a truck accident lawyer. Those injured by unfit truck drivers choose to hire an attorney because:- A lawyer can lay out, in simple terms, your options for seeking compensation
- Your lawyer will take on every case-related responsibility, which will allow you to spend more time on your recovery process
- Attorneys bring many resources to their truck accident cases, from financial support to paralegals
- Attorneys often have extensive networks of experts who can help with truck accident cases, including insiders in the trucking industry, medical professionals, and mental health service providers
- Hiring a truck accident attorney will give you the ability to file a lawsuit and go to trial, if you need to
Holding Trucking Companies Accountable Is Not Always Easy—Here's How a Lawyer Will Do It
You may need to spend the next few days, weeks, or months resting, healing from trauma, and getting medical care. This is common for victims of truck accidents caused by unfit drivers. While you focus on getting your life together, your lawyer and their team will:Find Out Who Caused Your Accident
Truck accident lawyers prove fault in the early stages of their cases. Your lawyer may prove fault by:- Reviewing all video footage of the accident (which may require your lawyer to obtain footage from a truck's cameras)
- Interviewing witnesses to the accident (and any circumstances that led to the accident, such as a truck driver routinely engaging in dangerous behavior)
- Hiring experts to testify about fault, reconstruct the collision, and provide other helpful services
Determine Who Should Pay for Your Damages
Your attorney will identify those responsible for your damages. This may include one or more insurance companies, a trucking company, a truck driver, and others.Demand a Settlement That Covers Your Current and Future Damages
Most truck accident attorneys resolve their clients' cases by agreeing to a settlement. This outcome requires the liable insurance company, trucking company, truck driver, or other party to agree to fair terms.Lead You Through Any Lawsuit and Trial Your Case Requires
Settlements are common but are not the only way to resolve a truck accident case. A lawsuit is another option. You and your attorney may decide to file a lawsuit if you don't receive the settlement offer you deserve. You can rely on your lawyer's experience and insights when filing suit.Manage All Other Case Demands
Your truck accident lawyer will go the extra mile in managing your case. In addition to the responsibilities already listed, your lawyer will oversee:- Paperwork
- The completion of the insurance claims process
- Identifying helpful experts and coordinating their participation in your case
- Every other step and detail in your case
Your Lawyer Will Calculate, Document, and Seek Fair Compensation for Your Damages
Truck accidents can cause catastrophic outcomes for the victim—from disabling injuries to severe psychological trauma and overwhelming financial costs. Some of the specific damages often included in truck accident cases are: - Medical expenses
- Pain and suffering and related treatment, like counseling and medications
- Lost income
- Diminished earning capacity
- Lost chances for bonuses and promotions
- Property expenses, including vehicle repair costs