If you suffered injuries in an accident involving a poorly screened truck driver, you may be entitled to compensation for your damages. Contact the accomplished truck accident lawyers at Wilshire Law Firm 24/7 to start a free review of your case. We’ll fight for the justice and compensation you deserve. We’ve recovered over $1 billion for clients. Call (800) 501-3011 to get started.
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How Our Professional Trucking Lawyers Advocate for You Throughout the Legal Process
Aside from the pain you experience, dealing with a truck accident can be daunting and include lost wages, healthcare expenses, and pain and suffering. However, you do not have to face this situation alone. The experienced truck accident attorneys at Wilshire Law Firm can be at your side from the beginning.
Here are some of the ways our truck accident injury law firm can advocate for you when an inexperienced trucker has hurt you:
- Investigating the Accident: Our team can investigate the accident to determine the cause and identify any negligent parties, such as the trucking company or driver. The investigation can involve reviewing accident reports, witness statements, and other evidence to build a strong case.
- Determining Liability: Once our attorneys establish the cause of the accident, we can help determine liability for the damages and injuries using accident reconstruction techniques and reviewing videos of the crash.
- Negotiating with Insurance Companies: Our experienced team can negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries and damages. Negotiation involves filing claims, submitting evidence, and advocating for your rights and interests.
- Representing You in Court: When necessary, our law firm can represent you to pursue legal action and protect your rights and interests. At Wilshire Law Firm, our legal team is diligent, compassionate and uses legal understanding to resolve the case in your favor.
- Providing Legal Guidance and Support: Throughout the legal process, our attorneys can provide you with legal guidance and support, answering your questions and keeping you informed about the status of your case. Support can help reduce stress and anxiety and ensure that you are fully prepared for each step of the process.
With the proper legal representation, you can hold negligent parties accountable and try to recover the compensation you deserve for your injuries and damages.
The Risks of Hiring Inexperienced or Unqualified Drivers
Trucking companies who engage in hiring underqualified truck drivers create added risks on the roads. When an accident occurs, truck driver negligence may be to blame.
Some of the dangers associated with poorly screened truck drivers include the following:
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- Lack of experience and training: Unvetted truck drivers may need more practice and training to safely operate large commercial vehicles, increasing the risk of accidents and injuries on the road.
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- Poor driving records: Drivers with a history of accidents, traffic violations, or other driving offenses may be more likely to cause accidents on the road.
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- Health issues: Drivers with health issues that could affect their ability to drive safely may slip through the cracks without proper vetting, putting themselves and others on the road at risk.
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- Drug or alcohol abuse: Failure to properly screen potential truckers may result in hiring drivers with a history of drug or alcohol abuse, impairing their ability to drive safely and putting themselves and others at risk.
Decreasing Risk in Hiring Truckers
Big trucking companies have a duty to decrease the risks drivers pose to motorists. Failure to do so may be grounds for a truck accident lawsuit. To lessen obvious risks, it is essential that trucking companies properly screen their drivers.
Procedures include:
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- Thorough Background Checks: Employers should conduct comprehensive background checks, including driving and criminal records and drug and alcohol testing. [3]
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- In-Depth Interviews: Employers should conduct in-depth interviews to assess a driver’s qualifications, experience, and ability to operate large commercial vehicles safely.
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- Adequate Training: Employers should provide proper training and resources to ensure drivers are qualified to operate commercial vehicles safely.
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- Regular Evaluations: Employers should conduct periodic assessments of drivers to ensure they maintain safe driving practices and comply with company policies.
The Role of Background Checks and Drug Testing
A background test is performed in California when a trucker applies for a commercial driver’s license. Background checks and drug testing are valuable tools in properly screening truck drivers. Trucking companies should not skip these and cut corners to fill their driver roster.
By taking the time to perform these tests, the number of accidents may decrease.[4] When
skipped, negligent truckers may cause injuries and fatalities on the road, leading to lawsuits from those harmed.
The background test reviews the trucker’s driving history, criminal record, and drug or alcohol violations. Pre-employment tests for drugs are part of the California Department of Motor Vehicles (DMV) demands for issuing a CDL. [5]
Common Screening Deficiencies and Liability
Trucking companies must also be thorough in their driver screening process. Failure to do so poses risks to all of us who share the roads. Some common screening deficiencies in background checks for truckers are listed below:
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- Failure to Verify Driver Qualifications: Some companies may need to correctly verify the qualifications of their drivers, including their driving history, training, and experience. This often is due to the trucking company’s immediate need for truckers.
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- Insufficient Drug and Alcohol Testing Policies: Companies may not have adequate drug and alcohol testing policies or fail to enforce them properly. Oftentimes, the trucking company management may be lax with new truckers, trying to give them a second chance.
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- Lack of Review of Driving Records and Accident History: Companies may need to review a driver’s driving record and accident history, which can provide valuable information about a trucker’s qualifications and safety record. This can display the company’s negligence in a lawsuit.
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- Failure to Conduct Adequate Background Checks: Some companies may fail to conduct comprehensive background checks on their drivers, including criminal history checks and employment verification. Without background checks, the chances of hiring drivers with criminal behavior or falsified employment history increase, creating potential liability issues for the company.
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- Incomplete or Inadequate Driver Training: Companies may not provide adequate training to their drivers, including areas such as safe driving practices and compliance with regulations. Failing to follow regulations and subsequent penalties can display the company’s complicity.
Free Case Review for Truck Accidents Involving Under-Qualified Drivers
Truck accidents happen all too frequently in California, many times from inexperienced and unqualified drivers. If a poorly screened truck driver’s mistakes resulted in injuries or even the death of a loved one, you may be able to file a wrongful death claim. While this will not relieve your pain or grief over a family member’s death, we will work to make you whole again in the eyes of the law.
Look at our settlements and verdicts to see how we helped other clients. With a proven track record, we aim to obtain the damages you deserve.
Call us 24/7 at (800) 501-3011. We bill on a contingency basis. That means you pay no fees unless you win.
