The Consequences Of Employing Truck Drivers With Safety Violations
In addition to transporting the cargo loaded into their vehicles, trucking drivers are also responsible for driving safely. When a trucker fails to fulfill this responsibility, it can have significant consequences impacting all road users, which is why trucking companies can be liable for accidents caused by these drivers if they had pre-existing safety breaches and were aware of them, or reasonably should have known about them, at the point of hiring. Learn the consequences of employing truck drivers with safety violations, and discover how an experienced Louisiana truck accident attorney can help victims of these incidents with their legal claims; call Louisiana Law Lady today at (504) 470-3511.
Who Are Truck Drivers?
Per the Bureau of Labor Statistics (BLS), a truck driver transports goods between locations, ensuring they arrive at the specified place, on time, and safely. Typically, this can be a large amount of cargo, moved across significant distances. Depending on their role, they might also help with vehicle offloading and loading.
Understanding Truck Driver Safety Violations
The Federal Motor Carrier Safety Administration (FMCSA) has a list of common violations, which include moving violations, like speeding, changing lanes incorrectly, improperly turning, reckless driving, not obeying traffic control devices, following other vehicles too closely, wrongly crossing railroads, and not yielding the right of way. Other examples are not using a seat belt (or ensuring authorized passengers are wearing one), operating a hand-held device while driving, not properly utilizing hazard warning lights, transporting an unauthorized passenger, driving under the influence of alcohol or other substances, and equipping/driving a truck with a radar detection system.
What Happens if a Trucking Company Employs a Truck Driver With a Safety Violation?
Trucking companies have a responsibility to ensure vehicle safety, and one of the main ways they do this is by only hiring safe and capable truckers. If they hire a trucker with previous violations and a trucking accident transpires, they could be liable for any damages that arise as a result. Similarly, they might be responsible for these damages if they failed to take reasonable steps to identify applicant truckers with such violations, such as by running background checks during the hiring process.
Other Trucking Company Responsibilities
Alongside making sure they hire suitable drivers, trucking companies have other key responsibilities to fulfill to avoid accidents. These are as follows.
Maintaining Vehicles
While truckers are responsible for identifying and reporting their vehicles’ mechanical issues, trucking companies also have to ensure their drivers are operating trucks that are safe to drive. They achieve this by carrying out routine maintenance and making prompt, professional repairs when needed. If a trucking accident occurs, and the trucking company has not performed maintenance in some time, they could be liable for any resulting damages.
Explore the implications of employing truck drivers with safety violations in greater detail, and consider consulting with a knowledgeable Louisiana trucking accident attorney to gain assistance with your legal queries. Contact Louisiana Law Lady today to schedule a confidential consultation.
Complying With Safety Regulations
Trucking companies must comply with federal and state trucking regulations. They must ensure their drivers have a commercial driver’s license and obtain liability insurance. Alongside this, trucking companies have to make sure their drivers receive regular training concerning the safe use of trucks and trucking regulations and comply with service hour rules, restricting the number of hours a trucker can drive for in a specific period; the FMCSA rules stipulate that drivers must have an off-duty period prior to a shift of 10 consecutive hours, that truckers’ on-duty periods following their off-duty period can only be a maximum of 14 consecutive hours, that truckers must take a minimum 30-minute break per eight consecutive driving hours, and that the maximum on-duty period across seven/eight days is 60/70 hours, respectively, which may reset following an off-duty period of 34 consecutive hours.
Louisiana also has established trucking restrictions regarding the weight and size of these vehicles, which trucking companies must abide by to prevent accidents and safeguard road users. For instance, single-axle trucks’ maximum weight cannot exceed 20,000 pounds, and for tandem-axle trucks, this threshold is 34,000 pounds. Additionally, commercial trucks have width, length, and height restrictions that prevent trucks from colliding with tunnels, bridges, and other vehicles.
Consequences of Trucking Company and Truck Driver Negligence
Trucking company and truck driver negligence can lead to severe accidents that can cause a range of injuries ranging from mild to life-lasting, depending on the collision’s force, the size and weight of the vehicles involved, and how the vehicle occupants’ bodies move following the collision. For instance, trucking accident victims involved in minor collisions may sustain broken bones, cuts, abrasions, soft tissue contusions, or bruises. By contrast, severe collisions could result in paralysis, spinal cord injuries, internal organ and brain damage, traumatic head injuries, or death.
Some common types of trucking accidents that can cause these injuries include t-bone collisions, where the truck’s front hits another vehicle’s side, rear-end accidents, where the truck’s front collides with another vehicle’s rear, head-on accidents (a truck’s front hitting another vehicle’s front), and sideswipe collisions, which involve the side of a truck striking another vehicle’s side. If injured in a trucking accident, consider seeking medical assistance as soon as possible to identify any medical issues, obtain treatment, and acquire a medical report, which can be vital evidence for a truck accident claim.
Statute of Limitations for Filing Truck Accident Claims
In Louisiana, the deadline for filing a trucking accident lawsuit depends on when the accident occurred. The law previously specified a one-year deadline from the injury date for filing; however, for accidents that took place from July 2024 onward, the deadline is now two years. If a trucking accident victim files post-deadline, the court may not consider the case, resulting in the inability to recover damages.
How Can an Attorney Help With Trucking Accident Claims?
An attorney can advocate for a trucking victim’s legal interests, allowing them to focus on recovery. They can gather evidence for the injured party, including medical records and bills, witness statements, photographs of the injuries and accident scene, and trucking company records. With this information, they can formulate a legal strategy and negotiate a favorable settlement with insurance adjusters; if reaching a settlement is not possible, the attorney can assist with filing a lawsuit and representing the victim in court.
Contact an Experienced Louisiana Trucking Accident Attorney To Learn More
According to the American Trucking Associations (ATA), in 2022, trucks transported more than 70% of the nation’s cargo by weight, highlighting the importance of the industry to the economy. Despite this milestone, trucking companies may still negligently hire truckers with a history of safety violations, or they might hire truck drivers with inadequate training and experience, potentially making them liable in the event of trucking accidents. To continue this discussion and acquire help with a truck accident claim, contact a seasoned Louisiana truck accident lawyer today by calling Louisiana Law Lady at (504) 470-3511.