Legal Options if Injured by Truck Driver with Inadequate Training

Inadequate Truck Driver Training

Being able to drive a large commercial vehicle like a semi takes more than a brief course and few hours of practice. Truck drivers need a great deal of training to handle various kinds of trucks and different types of transmissions, brakes, and other systems. They also need the training to handle common situations such as poor weather, traffic congestion, narrow turns, and blown tires.

Without training for specific types of commercial vehicles, systems, and commonly dangerous scenarios, inexperienced truckers are more likely to cause a crash in situations where better-trained truckers could evade a collision or greatly minimize the consequences of an accident. If you were injured in a truck accident because the driver had inadequate training, you may be able to recover compensation from the trucker’s employer.

At Kisling, Nestico & Redick, our Ohio trucking accident lawyers have years of experience handling cases based on inadequate truck driver training and securing compensation for our clients.

As one of the largest personal injury firms in Ohio, we have the knowledge, experience, and resources you need to get through a difficult insurance claim or legal process. Call us today at 1-800-HURT-NOW to schedule an initial consultation and learn more.

Inadequate Truck Driver Training Causes Accidents

No one wants a 15-year-old with only a few hours behind the wheel of a car being let loose on the road. Why? Because an inexperienced and poorly trained driver is going to cause an accident. The same goes for an inexperienced CDL driver who has minimal experience and training for driving a big rig. Inadequate truck driver training can lead to:

• Driving off the road
• Improper or poorly executed turns
• Driving too fast for the road or weather conditions
• Slowing down or stopping too late
• Improper braking that causes sliding or jackknifing
• Violating hours of service regulations and drowsy driving
• Flipping the truck by turning or changing lanes too quickly for the load

Trucking Companies May be Liable for Inadequate Driver Training

Trucking companies are legally responsible for hiring and retaining properly qualified and competent drivers. This is because trucking companies who send drivers out onto the road are ultimately responsible for these driver’s actions and the consequences of their actions.

It is up to trucking companies to conduct the proper research at the time they hire new drivers to ensure the truckers have their CDLs, any necessary endorsements, and adequate training.

All of these elements are necessary to ensure truckers are both technically qualified and actually competent to operate a truck. New truck drivers with only the basic qualifications will require additional training before hitting the road alone.

Required Truck Driver Training

The requirements to obtain a CDL are mostly managed by the state a person lives in. Numerous programs within Ohio teach the basic knowledge and skills necessary to obtain a CDL. Individuals first get a commercial learner’s permit (CLP) by passing knowledge tests, proving they are medically qualified to drive, and demonstrating a clean driving record for the past 10 years.

This permit enables them to practice driving with a qualified CDL holder in the vehicle with them. People must have the CLP for 14 days prior to being eligible to take the skills test, which includes the vehicle inspection test, the basic controls test, and the road test, for the CDL.

It is easy to see that the current regulations for becoming a commercial driver are not strict. It can be done in the matter of weeks, which is not a long enough time to ensure a trucker is well-trained.

Federal Regulations for Training to Change

In December 2016, the Federal Motor Carrier Safety Administration (FMCSA) announced it had established a final rule regarding minimum training standards for entry-level commercial truck drivers seeking a CDL or certain endorsements, which would go into effect February 6, 2017.

However, per an order from President Trump to freeze or delay new rules, the FMCSA has delayed the rule taking effect until March 21, 2017. The rule’s technical date of effect may be pushed back further, but as of now, the compliance date of February 7, 2020, has not changed. Most likely, truckers seeking to obtain a CDL starting in 2020 will need to follow these new rules.

These new training rules will apply to individuals trying to obtain any class of CDL for the first time, trying to upgrade their CDL to a higher class, or seeking an endorsement to drive hazardous materials, passengers, or school buses for the first time.

The applicable individuals will have to complete an entry-level driver training program provided by an entity on the FNCSA’s training provider registry. This program will include theory instruction and behind-the-wheel instruction on both a range and public roads. The drivers will have to demonstrate proficiency in all of these elements prior to obtaining the license or endorsement.

Recovering From a Truck Accident Caused by an Inadequately Trained Driver

If you were injured in a trucking accident, you should contact an Ohio truck accident lawyer from Kisling, Nestico & Redick as soon as possible. By working with an attorney right away, you can quickly begin to investigate the cause of the trucking accident, including whether the truck driver’s lack of qualifications or training were a problem.

If there is evidence of inadequate driver training, this can be used to prove that the trucking company was negligent in retaining this driver and allowing them on the roads. Once we can establish negligence, we can obtain compensation for your medical expenses, lost wages, pain and suffering, and more.

To learn more about how KNR can help with you an insurance claim or personal injury lawsuit following a truck accident, call us today at 1-800-HURT-NOW. We offer free, no-risk consultations.