Lack of Truck Driver Training
If you’ve been injured in a truck crash that was not your fault, you may feel overwhelmed, exhausted, and traumatized. The financial burden that accompanies such accidents can exacerbate the stress of the situation. Randolph County truck accident lawyer Dorwin J. Wolfe will fight tirelessly against careless truck drivers and companies to help you seek fair compensation for your injuries when you have been harmed in a crash caused by a lack of truck driver training. We will discuss your options with you and come up with a strategy for your case. We also serve clients in Clarksburg, Fairmont, Morgantown, and throughout the state.Commercial Drivers Require Proper Training
Due to the sheer size and power of trucks, accidents involving them can result in devastating consequences for the other vehicle. With more and more commercial vehicles on the roads, the risk of accidents increases accordingly. In general, truck accidents produce higher rates of personal injuries and fatalities than other types of automobile accidents. The National Center for Statistics and Analysis reports that, although trucks, semis, tractor-trailers, and 18-wheelers make up just three percent of all vehicles on the road, they cause 12 percent of all traffic accident fatalities in the United States.
Large trucks are complex vehicles that require extensive training to drive. Commercial drivers must get a special license to legally operate trucks. Moreover, truck drivers are subject to strict federal and state regulations. Trucking companies must train their employees and create protocols to ensure that drivers comply with the relevant legal standards. When there is a lack of truck driver training, the risk for accidents increases tremendously.
The United States Department of Transportation Federal Motor Carrier Safety Association (FMSCA) creates rules that truck drivers must follow. Failure to abide by these rules may result in an accident and give rise to liability for any harm caused. FMSCA regulations require drivers to:
- Have a current and valid commercial driver’s license;
- Undergo regular and periodic testing for drugs and alcohol;
- Maintain a daily driving log in compliance with the regulations;
- Drive no more than a specific number of hours per day and per week;
- Preserve records for transparency’s sake;
- Undergo background checks; and
- Make sure that their trucks are properly maintained.
Inexperienced truck drivers can make careless errors or decisions on the road that ultimately cause accidents. This is the exact reason that truck drivers are required to adhere to special regulations and undergo extensive training to make them comfortable with maneuvering large vehicles.
An injured person can file a lawsuit based on a lack of truck driver training under the theory of negligence. To succeed on a negligence claim, a victim must prove that:
- The truck driver owed the victim a duty of care while driving;
- The truck driver breached that duty by driving carelessly;
- The truck driver’s breach was the cause of the accident; and
- The victim suffered injuries and damages as a result.
All commercial drivers must handle their vehicles as would an ordinary commercial driver in similar circumstances. They are expected to avoid endangering other people using the highways. A breach of this duty might consist of mishandling a truck as a result of inadequate or improper training. Even if you were partly responsible for your own injuries, you still can pursue a compensation award proportionate to the defendant’s responsibility.
If you can establish a negligence claim, you may be able to receive a wide range of damages. Compensation after a truck crash can include medical bills, lost income and benefits, pain and suffering, property damage, and any other expenses associated with the accident. In addition to holding the individual driver liable, you may want to sue the truck company as well. The company can be held liable if the careless driver was acting in the course and scope of employment at the time of the crash.Reliable Representation in Randolph County Truck Accident Lawsuits
The Wolfe Law Firm boasts years of experience when it comes to handling truck accidents cases. Our attorney understands the emotional, physical and financial strain that typically arise from a crash. We take pride in getting to know our West Virginia clients and investigating the facts of their case to provide them with the strongest possible representation. Truck crash attorney Dorwin J. Wolfe can provide you with the comprehensive guidance you need. For a free case evaluation with a Randolph County lawyer, contact us online or call us at 877-637-5756.