Should That Person Be Driving a Truck?
Trucking Company Liability in Tractor Trailer Accidents
Most commercial transportation companies have standards for hiring drivers. But with a shortage of qualified truckers across much of the country, some haulers are not too picky about who is driving their trucks. Unfortunately, the rest of the motoring public suffers when people who have no business operating any vehicle are given the keys to an 18-wheeler.
The law firm of Pierce, Herns, Sloan & McLeod has successfully proven negligent hiring, inadequate training or willful defiance of regulations that led to trucking accidents. Based in Charleston, our lawyers take cases throughout the Tri-County Area, across South Carolina, and beyond. Call 843-722-7733 for a free initial consultation.
Representing clients throughout the Tri-County area, including Sumter, Orangeburg, Williamsburg, Clarendon, Georgetown, Horry, Jasper, Allendale, Richland, Beaufort, Hampton, Darlington, Colleton, Florence, Berkely, and Dorchester.
Trucking Company Negligence in Hiring
The Federal Motor Carrier Safety Regulations require trucking companies to do a thorough background check before allowing a truck driver to drive one of their commercial vehicles. A reputable outfit thoroughly screens new hires, but some trucking companies cut corners on employee background checks or knowingly hire candidates who:
- Have poor driving records (accidents or traffic violations)
- Were fired by another trucking company for log violations or safety issues
- Have a DUI conviction or other criminal history
- Failed drug testing
- Are not medically qualified to drive
- Are not certified or currently licensed to drive big rigs
Negligent Training and Supervision
A trucking company may also be liable for personal injuries if an experienced driver was not properly trained on:
- Tractor trailer operation and rules of the road
- Obeying federal regulations
- Traffic laws in states where they drive
- Inspecting the truck for safety issues
Truckers commonly fudge their log books to hide the fact that they have driven more hours than allowed under federal Hours of Service. The employer is still accountable for damages if a fatigued truck driver causes an accident. The defense will claim they didn't know the logs were falsified — but they should have known if they routinely cross-checked driver records for accuracy.
We obtain all records relating to hiring, training and operation to build your case against the trucking company. Attorney Allan P. Sloan III has handled more than 45 truck accident cases, and has written legal articles and taught seminars on the topic. He is also a member of the National Advisory Board of the Association of Interstate Trucking Lawyers of America. Contact our Charleston office today for a free case evaluation.
