Inadequate Driver Training
It is logical to think that if a truck driver has caused a crash, it may be appropriate to sue the driver for damages. It may be less obvious that, in some cases, trucking companies will also be held accountable for their careless actions. There are numerous regulations that both drivers and trucking companies must follow. Many of these were promulgated by the Federal Motor Carrier Safety Administration (FMCSA). Among other things, trucking companies are supposed to make sure that their drivers are qualified to operate a vehicle. Inadequate driver training may lead to devastating injuries for people in East Tennessee. Experienced Knoxville truck accident attorney Mark Hartsoe understands the challenges that they may be facing and is ready to fight for their rights.Holding a Trucking Company Liable for Inadequate Driver Training
A trucking company may be held financially accountable for inadequate driver training. This is because it is supposed to conduct background checks and provide adequate training for its drivers to ensure that drivers who are on the road know how to handle the vehicle, no matter the conditions that may arise. Trucking companies owe a duty to the public to hire and retain truck drivers who are competent to handle a heavy commercial vehicle.
Commercial drivers need to be physically free from medical conditions like epilepsy and alcoholism. They should also pass background checks and commercial driving tests. They should be trained in the FMCSA regulations. This includes training in how to avoid an accident, safely evade hazards, and properly carry cargo.
When a driver is inadequately trained, they may not know how to respond to a sudden stop. They may not know how to correct course when a tractor-trailer is jackknifing. Serious injuries or even deaths may result. A trucking company that fails to make sure that its drivers are adequately prepared for contingencies like wide turns, sudden stops, and other circumstances may be held directly liable under theories of negligent hiring, negligent supervision, or negligent retention. In Tennessee, you may recover compensation under these theories if you establish negligence as well as an employer's knowledge of the employee's unfitness for the job. If you can show that a trucking company failed to provide training or to check whether a truck driver was adequately trained, as required by law, it is likely that you will be able to establish the necessary employer knowledge of unfitness. A trucking company has potential liability for its employees under the doctrine of “respondeat superior,” in which the company is responsible for the negligent acts of its employees or agents.
Injuries in trucking cases are usually more severe than in car wreck cases, due to the enormous size and weight of trucks. The damages that you may be able to recover include both economic and noneconomic types of losses, such as medical bills, lost wages, loss of enjoyment, pain and suffering, mental anguish, and household services. Family members who lose a loved one and bring a wrongful death lawsuit may be able to recover compensation for loss of love and companionship, as well as lost earning capacity and burial expenses.Call Knoxville Attorney Mark Hartsoe for Your Truck Accident Claim
If you believe that inadequate driver training caused your injuries, you should consult Knoxville truck accident lawyer Mark Hartsoe. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to schedule a free consultation. Hartsoe is ready to assist victims who are seeking a motor vehicle collision attorney throughout East Tennessee, including in Knox, Blount, Anderson, Campbell, Claiborne, Cocke, Cumberland, Fentress, Grainger, Greene, Hamblen, Hamilton, and Jefferson Counties.