Employer Negligence Leading to Truck Accidents

The majority of all trucking accidents are completely preventable. Because lives are lost or ruined by catastrophic injuries and because these accidents cost billions of dollars each year, it is important for all trucking companies to do their part in preventing situations where an accident is likely. The Federal Motor Carrier Safety Administration Regulations exist for just that reason.

Failure on the part of a trucking company or driver to comply may be considered negligence. Anyone who has been injured or lost a loved one because of a trucking accident should consult a San Francisco truck accident lawyer with an intimate working knowledge of these federal regulations as well as the state regulations.

There may be a valid claim for compensation for medical expenses, lost income, pain and suffering, disfigurement, disability, loss of quality of life and other losses directly related to the accident. If you have lost a loved one, you may be able to file a wrongful death claim.

Responsibilities of the Employer

Ensuring that an applicant has the required driving skills and experience before hiring a driver is a good start in accident prevention. Trucking companies must verify that an applicant holds a current and valid CDL (commercial driver license).

Prospective employers are required to do a thorough background check before hiring a commercial truck driver. The company must also obtain the current driving record of every driver annually. Drivers must report violations of traffic laws, suspensions and license revocations to their employer immediately.

Drivers must be physically qualified to hold a CDL and have a current medical certification. Trucking companies must also keep their trucks in good repair and roadworthy at all times. Under federal regulations, trucking companies must not allow drivers to violate an out of service order, a driver disqualification or the hours of service regulations.