Under the federal Motor Carrier Safety Regulations a trucking company has an obligation to ensure that the truck drivers they place on the roadway are experienced and capable of safely operating the big truck.
Section 391 provides the minimum safety standards for qualification of drivers under the FMCSR. There are many companies who specialize in the training of professional truck drivers to meet the standard set by the federal regulations.
Such training in of itself is not sufficient to establish that the truck driver is qualified to operate the specific equipment he is driving and can do so safely. A commercial motor vehicle driver’s license obviously is the minimum required to operate a commercial motor vehicle, but that does not mean that the truck driver has been adequately trained.
Section 390.3 provides:
Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations. This requirement ensures that the trucking company shall have an ongoing safety policy that helps ensure that the truck driver is safe and knowledgeable of the safety rules that apply to the truck, trailer and driving.
Discovery in a truck accident lawsuit usually involves the safety director and also analysis of the safety training received by the truck driver involved in an accident. The larger the trucking company the more likely they have a proactive safety division that works hard to reduce the number of truck accidents and therefore claims against the company.
Alternatively, the smaller the trucking company the less likely it is to have an proactive safety department that is focused on keeping the equipment in safe operating condition and the truck drivers properly trained.
To speak with an attorney experienced in lawsuits involving tractor-trailers and commercial drivers call Greg Baumgartner Toll Free 1-866-758-4529.