The Fallout of Inadequate Training for Truckers

Failure to Train Drivers Has Consequences

We regularly receive deliveries of medications, food, fuel, and other essentials by dedicated truck drivers. Without them, our economy will come to a standstill, and we can’t meet the most basic needs of our families. The pressures of this job, the traditionally lower wages, and lousy working conditions have resulted in drivers fleeing the field for better pay, hours, and working conditions.

The United States suffers from a shortage of as many as 60,000 drivers. Industry specialists expect this shortage to grow over time, meaning companies who depend on these drivers may lower their expectations, jeopardizing everyone on the road.

The Federal Motor Carrier Safety Administration (FMCSA) states that in a recent year, 4,862 large trucks were in fatal crashes. Another 59,933 large trucks were in injury crashes, and 111,291 were in tow-away crashes. This should serve as a wake-up call for everyone on the road.

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Company Policies Matter for Truckers

While the FMCSA has specific training guidelines governing how much and what type of training is necessary to secure a Commercial Drivers License (CDL), there are instances where a company may take shortcuts. While the company may face steep fines, this does not help any family who has had to suffer through the aftermath of an accident an unqualified or untrained truck driver caused.

In addition to hands-on and book learning, companies must conduct thorough alcohol and drug screenings and education among drivers and supervisors. When companies ignore these policies, the aftermath can be devastating.

Some of the most common kinds of violations truck drivers may commit can include:

• Fraudulent logbooks – Logbooks must contain a detailed breakdown of specific hours a truck driver spends on and off duty and a record of the total hours a truck driver spends driving and on breaks. Some truck drivers try to outwit agency enforcement by maintaining two logbooks, one containing false information about the number of hours the truck driver supplies to law enforcement and another containing true figures that the truck driver only shares with their trucking company.
• Traffic violations – Lesser experienced truck drivers are much more likely to commit several basic violations of state and local traffic laws that can lead to collisions. Some of the most common violations include speeding, improper lane changes, failure to yield the right of way, and running stop signs or red lights.
• Use of drugs or alcohol – Many trucking companies may have zero tolerance for drug or alcohol use while truck drivers are operating vehicles. However, too many younger and lesser experienced drivers will take the chance of driving while under the influence of alcohol or drugs. Driving while intoxicated or impaired places every other driver at risk. Truck drivers are also taking higher risks of criminal penalties because commercial truck drivers have a much lower standard for impairment than other drivers. Whereas blood alcohol or breath alcohol level of 0.08 or more is unlawful for all drivers in Florida, truck drivers can face charges of driving under the influence (DUI) when their blood or breath alcohol concentration (BAC) is only 0.04.
• Inclement weather – Many inexperienced truck drivers are improperly trained for adverse weather, from heavy rain to snow and wind. When truck drivers do not adjust their speed for these conditions, they place other drivers at risk of collisions because truck drivers can lose control of their vehicles.
• Improper vehicle maintenance – To stay on the road as much as possible, some inexperienced truck drivers will forgo necessary repairs and inspections that large trucks may require. If a truck part fails, a trucker can lose, leading to an accident. Title 49 Code of Federal Regulations (CFR) § 396 establishes inspection, repair, and maintenance rules and regulations.
• Improper equipment – FMCSA requires all commercial vehicles to carry emergency equipment, including fire extinguishers, spare fuses, and warning devices for stopped vehicles. Additional parts and accessories necessary for safe operation are under Title 49 CFR § 393.
• Missing or improper underride bars – Underride bars are also called Mansfield Bars, rear underride guards, rear impact guards, underride guards, or DOT bars. Even though the United States Department of Transportation (DOT) requires trailers to have rear safety bars to prevent underride crashes, the law does not require regular inspection. The National Highway Traffic Safety Administration (NHTSA) and DOT established two federal motor vehicle safety standards regarding rear impact guards to address the issue of rear underride crashes and rear impact protection. All commercial trucks with a gross weight of 10,000 pounds must follow mandatory guidelines. The National Truck Equipment Association (NTEA) notes that specifications differ depending on the weight and lengths of commercial trucks.
• Improper loading – Truck drivers without experience do not closely monitor proper loading or cargo securement on their trucks. When a loading company takes shortcuts or fails to secure loads and a truck driver hits the road, a loose load can easily cause a loss of control, or the load can even come loose and fall from the vehicle into surrounding traffic.

Sleep Times: When a Company Puts Profit Over Safety

Another common problem that puts others on the road at risk is the number of hours a trucker is allowed to drive. While there are specific rules about work hours versus sleep hours, an employer often has deliveries to make during certain times and may encourage drivers to ignore these rules. This is risky as it can result in drowsy driving, which means a driver is less likely to pay attention to the road.

Staying alert is a must for everyone on the road and even more critical when operating a truck. The size of a truck makes it harder to stop, and if a driver is dozing off, they can miss what is occurring around them and cause an accident.

A National Center for Biotechnology Information (NCBI) study found that truck drivers averaged 5.18 hours in bed per day and 4.78 hours of electrophysiologically verified sleep per day over a five-day study period. The study stated that long-haul truck drivers obtained less sleep than necessary to stay alert on the job, especially late at night and early in the morning.

NHTSA states that 633 people died in crashes relating to drowsy driving. NHTSA further estimated that 91,000 police-reported crashes involved drowsy drivers and the crashes led to an estimated 50,000 injuries.

Driver Lack of Training – Potential Issues Once on the Road

A lack of training on the road can cause numerous problems.

Despite a lack of recent data, some older studies indicate that driver failure causes nearly 90 percent of truck accidents.

Some of the most common causes include:

• Drowsy driving – If a driver is not well-trained to understand they must follow the FMCSA guidelines for sleep times and avoids stopping because they “only have one more stop” they can fall asleep at the wheel. The above study shows more than 10 percent of truck accidents involve non-performance, which includes drowsy driving.
• Poor decision-making – When a driver lacks training or has a prior history of making poor choices behind the wheel and a trucking company hires them anyway, they may keep making dangerous choices behind the wheel. Nearly 40 percent of truck accidents involve poor decisions, including driving too fast for road conditions, failure to maintain a proper distance from other vehicles in the roadway, or failure to properly determine the speed at which other vehicles are traveling.
• Distracted driving – Distracted driving was listed as one of the causes of accidents considered part of “recognition accidents,” which account for nearly 30 percent of all truck-related accidents. Drivers paying attention to their phones or GPS systems or paying too much attention to something outside their truck can cause a severe accident.

As you can see, while any of these situations is the driver’s fault, a lack of training by the employer can cause the problem. Training is essential for the driver’s safety and those sharing the road with them.

Holding Trucking Companies Liable for Accidents Caused by Untrained Drivers

You can hold a driver who causes an accident liable for injuries they cause, but that does not let their employer off the hook. While some drivers are independent contractors, not all are. As an employer, a trucking company is responsible for the actions of its drivers. When the trucking company has provided inadequate training or exercised poor judgment in hiring, they should be responsible for any injuries caused to innocent people on the road.

To hold a trucking company that is an employer accountable, you will need to work closely with a truck accident attorney who has experience dealing with injuries resulting from accidents caused by a truck driver. Remember that under Florida law, all drivers must maintain certain levels of insurance. Truckers are required to carry additional insurance; if they carry certain materials, they may need additional coverage.

However, the minimum amounts depend on the vehicle’s weight, and regardless of the amount of insurance, the driver’s coverage may be insufficient to cover the financial losses of a truck driving accident victim.

Chances are that a trucking company will also have a separate umbrella liability policy if a truck driver is involved in an accident. Most trucking companies carry individual policies on the vehicles, which cover the truck accident victims but also carry a separate policy that covers the company if the individual truck coverage is insufficient.

Do not count on the driver, the trucking company, or the insurance company to share that information with you. Only by working closely with an experienced truck accident injury lawyer can you determine what coverage the driver and the company must cover your losses following an accident.

Recovery Time, Financial Losses, and Non-Financial Losses

Florida statutes allow victims of accidents to file an insurance claim to help them recover financially following an accident. Victims of a truck accident often require weeks and, in some cases, months to recover. One of the most important reasons to contact a truck accident attorney as soon as possible after you suffered an injury is to promptly establish your claim and address your questions and concerns.

While the statute of limitations in Florida allows you to file an injury claim for up to four years, contact a truck accident lawyer as soon following an accident as possible. This step will give you the guidance you need to preserve your rights following an accident.

Victims who suffer an injury following a truck accident can include these damages in their claims:

• Lost wages – A lost wage claim is not as straightforward as it may seem. Along with your hourly wage or salary, you may seek compensation for bonuses and perks you lose and vacation or sick days you may need to use while you recover. Lost wages may also include anticipated future wages you can’t earn because of your injuries.
• Medical bills – From the minute you suffer an injury, medical bills seem to begin appearing. Ambulances, nursing care at home, physical therapy, prescription drugs, crutches, walkers, and other medical equipment can all be part of a truck accident claim. Speak with your attorney because they will want to know what out-of-pocket medical costs you incur related to your injury.
• Other losses – You may incur other losses, including damage to your vehicle and other personal property you can no longer use due to a trucking accident. Some victims find it necessary to make permanent or temporary modifications to their homes to accommodate their injuries, and you can also include these modifications in a truck accident lawsuit.

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Getting the Legal Help You Need Following a Truck Accident

Victims of a truck accident need legal counsel as quickly as possible. There is a good chance that you will get a call from an insurance adjuster even before you leave the hospital. Use caution – it is best not to answer questions or offer any information until you speak with an attorney.

Insurance adjusters are there for one purpose – to protect the insurance company from your claim. While it may seem reasonable to talk with an adjuster to offer them your side of the story, this decision can come back to haunt you later when you elect to file a truck accident claim.

Legal experience matters – an insurance adjuster who contacts a truck accident victim who has not contacted a lawyer knows they stand a better chance of having the victim accept a settlement. Those victims who seek legal help will understand the offer made by the insurance company shortly after the accident is likely to be a fraction of what they may otherwise be entitled to collect.

Insurance adjusters know if a victim is in contact with an experienced truck accident lawyer, they are more likely to understand their rights, have someone working with them who will advocate on their behalf, and is unlikely to accept an unreasonable settlement.

While truck accident victims are often concerned with paying for an attorney, many do not realize that a truck accident case is on a contingency basis in nearly all cases. Following a free consultation, if you decide to work with the law firm, a contract will state that you will pay no legal fees unless the firm obtains a settlement for you.

When you or a loved one suffers an injury in a truck accident, you probably have many questions, and you don’t know where to turn. Do not forfeit your rights by attempting to negotiate with an insurer on your own. Instead, turn to an experienced truck accident lawyer for help.

Contact a truck accident injury lawyer for your free consultation. Look for clear communication, and someone will go to court if the insurer does not offer you a reasonable settlement – especially when inadequate training and the driver’s employer’s negligence injured you.