A serious truck accident usually makes the local news.
The destruction caused by a semi-trailer weighing tons makes for compelling viewing. Those stories often leave viewers breathing a sigh of relief that they weren’t involved. However, the unfortunate crash victims can be dealing with devastating injuries and the total loss of their vehicle. A crash between a truck and a car never ends well for the car.
Obviously, the first party to hold accountable is the truck driver, but liability claims can also be made against the trucking company. Did they push the driver to make deliveries, forcing them to speed or drive through work breaks? Did they skip maintenance? Most importantly, did they put an untrained driver behind the wheel of an 80,000-pound rig?
Yes, you can sue a trucking company for inadequate driver training after a crash. However, pursuing that claim can be challenging and is best handled by an experienced truck accident lawyer. The right attorney will understand all the applicable traffic and liability laws. Suing a trucking company begins with establishing a legal basis. That is something your lawyer can lock down from the start.
The Legal Basis for Suing a Trucking Company for Poor Training
When you file a civil complaint, you need legal grounds. You can’t sue someone just because you “feel” they did wrong. If an investigation into your accident with a truck reveals that the driver was inexperienced and received poor training, there could be a legal basis for filing a lawsuit based on the following grounds:
Direct Negligence
Trucking companies have a legal duty to properly train their drivers on vehicle handling, safety protocols, defensive driving, and federal rules. If they fail to provide adequate instruction and an untrained driver causes an accident, the company can be sued for negligent training.
Vicarious Liability
Under employer-employee laws, companies are often held indirectly responsible for their drivers’ careless actions while on the job. Courts refer to this as vicarious liability. Trucking companies don’t like this, but it is a legitimate ground for a lawsuit.
Federal Motor Carrier Safety Administration (FMCSA) Rules
The FMCSA provides rules and regulations that cover all aspects of the commercial trucking industry.
Under federal driver qualification rules, a carrier can’t let anyone drive a commercial truck unless that driver can operate it safely by reason of experience, training, or both. In Maryland, a violation of these rules can serve as evidence of negligence.
Signs That Inadequate Training Contributed to Your Truck Accident
A truck collision happens in the blink of an eye. However, conditions leading up to the accident can help establish liability. That includes indications that inadequate training contributed to the accident. Although driver error does not automatically mean the driver wasn’t properly trained, certain behaviors and circumstances can point in that direction.
Consider the following:
Failure to Handle the Truck Safely
One of the clearest warning signs of inadequate training is a driver’s inability to control a commercial truck during routine or challenging driving conditions. For example, if they take a turn too sharply, misjudge stopping distances, or lose control while backing up, it can indicate the driver received insufficient instruction or lacked supervised practice.
Improper Braking and Following Distances
Trucks need more room to stop. How much more? According to the Utah Department of Transportation, a fully loaded tractor-trailer traveling 65 mph under ideal conditions needs about 525 feet to stop, almost the length of two football fields. A driver who follows too closely, brakes abruptly, or fails to adjust speed for traffic and weather conditions may lack proper training in defensive driving and braking techniques.
Unfamiliarity With Federal Safety Regulations
Truck drivers must understand applicable Federal Motor Carrier Safety Administration (FMCSA) regulations, including hours-of-service restrictions, vehicle inspection requirements, and safe operating practices. Repeated violations or an inability to follow these requirements may raise questions about the trucking company’s training.
Failure to Conduct Proper Pre-Trip Inspections
Truck drivers must conduct a pre-trip inspection of their vehicle. They need training on how to identify common issues such as worn tires, defective brakes, malfunctioning lights, or other mechanical problems. Failure to do so can create conditions that lead to an accident.
Poor Cargo Handling and Load Awareness
The FMCSA has specific cargo securement rules. Although a truck driver might not load their rig, they should know how it should be secured. Improperly secured or unbalanced cargo can shift during transit, affecting the truck’s stability and increasing rollover risks. Drivers who fail to recognize an overloaded trailer may not have received sufficient training in cargo safety procedures.
Inadequate Preparation for Hazardous Conditions
Sooner or later, every truck driver in Maryland will experience every kind of weather condition, from heavy rain to snow to fog to ice. Those conditions can reduce visibility and traction. A well-trained driver will know how to reduce speed and use appropriate braking techniques. Without that training, they may not react quickly enough and could skid into an accident.
Repeated Safety Violations
A history of preventable accidents, traffic citations, unsafe driving complaints, or failed safety evaluations can also indicate that a driver did not receive proper training. If a trucking company knew about recurring problems but failed to provide corrective training, that may show the company acted negligently.
Evidence Needed to Prove a Negligent Training Claim
To prevail in your claim, you must establish that the trucking company failed to provide reasonable or legally required training and that this failure contributed to the collision and resulting injuries.
Several types of evidence can help establish negligence, including the following:
- Driver Training Records and Certifications
- Employment and Driver Qualification Files
- Electronic Logging Devices and Vehicle Data
- Witness Statements and Expert Testimony
- Accident Reports and Physical Evidence
Gathering that evidence can seem daunting. Fortunately, you can rely on an experienced truck accident attorney to do that for you.
Maryland’s Contributory Negligence Rule Raises the Stakes
The attorneys at GDH Law Firm know what it takes to investigate and prove that a trucking company did not properly train its driver. This is especially important because of Maryland’s strict contributory negligence rule.
Even if you’re found to be 1% at fault, you would be barred from recovering compensation from the trucking company. Our goal is to keep that from happening.
If you’ve been involved in a serious accident with a truck, we can help you decide whether to pursue a claim.
Call today to set up a free case review, and let’s figure out what should happen next.
