Lack of Truck Driver Training
Operating a commercial vehicle requires a high level of training, skill, and experience. When inexperienced truckers get behind the wheel, it can be dangerous for others on the road. Every year, a number of people are hurt in wrecks caused by inadequate driver training. At Miller Legal Services, our experienced truck accident attorneys are committed to helping victims in the Marietta area. If you or someone you know has been injured by a poorly trained commercial driver, you may be able to file a claim for compensation.Holding Truckers and Their Employers Accountable for Negligence
Tractor-trailers can weigh as much as 80,000 pounds and in some cases may carry hazardous materials. Their drivers are typically subject to long hours with strict delivery deadlines. The Federal Motor Carrier Safety Administration requires that an individual have a valid commercial driver’s license issued by a state. To protect the safety of everyone on the road, there are stringent federal and state regulations that must be followed by truckers and the trucking companies that employ them.
If you were hurt in a truck accident, and you believe the driver’s lack of training played a role in causing the collision, you may be able to hold both the driver and his or her employer responsible. Drivers must not operate a truck without receiving proper instruction, while companies also have a responsibility to make sure their drivers are properly qualified to get behind the wheel.
Typically, an injured person can file a negligence lawsuit against any party responsible for the accident in which he or she was hurt. Broadly speaking, a negligence claim asserts that the truck driver failed to take reasonable care, and that this carelessness caused the accident and the victim’s resulting damages. To prevail, the injured person must show four key elements by a preponderance of the evidence, which means that they are more likely than not to be true. First, he or she must establish the truck driver’s duty of care, which requires him or her to act as carefully as the typical trucker would act in a given situation. The driver must have engaged in careless conduct that failed to meet this standard, such as getting behind the wheel without proper training. This breach also must have led directly to the accident, and the victim must have been forced to incur damages that can be compensated.
Often, a trucking company can be held vicariously liable for the careless conduct of its drivers. To apply this rule, the injured person must show that the trucker was acting in the course and scope of the employment relationship at the time of the wreck. In other circumstances, the company may be directly liable to an accident victim for its own actions, such as failing to properly train a driver or hire an individual who was properly trained.Explore Your Options with a Motor Vehicle Collision Attorney in Marietta
The skilled motor vehicle collision lawyers at Miller Legal Services understand what it takes to pursue a personal injury claim in Marietta or the surrounding area when you or a loved one has been hurt by an inexperienced truck driver. We know that this is a stressful time, and while no amount of money can undo the harm or get you back the time you have lost, pursuing compensation can help with bills that may be piling up. We proudly represent individuals throughout Georgia, including in Roswell and Smyrna. Call us at 770-284-3727 or contact us online for a free consultation.