Maison Law can help you through the claims process when you’re injured in an accident with a large truck in California. While California has its own set of safety laws in place, much of the trucking industry falls under federal jurisdiction. And because of the demands that come with driving a large truck, a big part of the law is built around driver qualification. If a company tries to skirt those rules, they might be responsible for your losses in an accident. Our team will be there to explain your options and guide you. Set up a free consultation today.
How 49 CFR 391 Shapes Truck Driver Qualifications
Federal regulations under 49 CFR Part 391 spell out the specific qualifications that potential drivers have to meet before being hired by a trucking company and being sent out on the road. As you might expect, these are pretty stringent, and include:
- Driver qualifications. Under 49 CFR § 391.11, drivers generally must be:
- At least 21 years old
- Have the necessary driving experience or training
- Meet applicable English-language requirements
- Hold a valid commercial motor vehicle operator’s license (CDL)
- Not be disqualified from driving based on past violations (criminal convictions, etc.)
- Driving record checks. Under § 391.23, Companies that are looking to hire a driver have to request their motor vehicle record from each state licensing authority where the driver:
- Held a license or permit during the previous three years.
- Additionally, these records must be requested within 30 days after employment begins, and the company must retain the records as required by federal rules.
- Previous employer checks. Trucking companies are also required to look into a driver’s safety performance history with previous DOT-regulated employers during the preceding three years.
- Completing a job application. Under § 391.21, drivers have to complete a job application that provides information about their:
- Driving experience
- Employment history
- Completed training or qualifications
- Road tests. Under § 391.31, drivers have to pass a driving test that evaluates their:
- Ability to safely drive the type of commercial vehicle they will be driving. Certain equivalent qualifications may be accepted in place of a new road test.
- Medical qualifications. Under §§ 391.41 and 391.45, drivers have to also pass a physical exam before being hired.
- Annual reviews. Under § 391.25, trucking companies have to complete annual reviews of their drivers.
- Maintaining files. Under § 391.51, trucking companies also have to keep a running file on each driver’s qualifications that includes the driver’s:
- Employment application
- Driving records
- Road test documentation or an accepted equivalent
- Any other records that can be used to establish the driver’s qualifications.
It’s pretty obvious why these requirements are what they are. Driving a large truck isn’t something that should be taken lightly, especially when they’re on the road for such long periods of time. However, when an accident happens, questions are going to come up about what the driver did and whether they were even qualified to be there in the first place.
Proving Negligent Hiring in a Truck Accident Case
Proving negligent hiring takes more than showing that a truck driver caused an accident and injured you. It also takes a deeper look at:
- Whether the trucking company completed the required checks on the driver before hiring them
To do that, you’re likely going to need access to internal company data and records like:
- The driver’s employment application and work history
- The driver’s driving record, including past tickets and violations
- Reports from previous employers about the driver’s safety history
- Records showing whether the driver met federal qualification requirements
- Drug and alcohol testing records, where available
- Records of past crashes or other safety concerns involving the driver
- Background checks the company completed before hiring the driver
- Training records and evaluations of the driver’s performance
- Complaints about the driver’s behavior or driving from other employees
- The company’s policies for screening and hiring drivers
- Internal safety reports or records showing the company knew about potential risks
This is where it’s crucial to have the help of our team. We know what to look for, how to get the right records, and how to use them to your advantage. One way or the other though, those records are supposed to be kept and you have a right to them.
Maison Law Can Help You With a Negligent Hiring Truck Accident Claim in California
If a trucking company’s failure to properly screen a driver played a part in the accident that’s injured you, it’s a fairly clear example of negligent hiring. And that means the trucking company and their driver are going to carry most of the responsibility for your damages.
Our team of California truck accident lawyers at Maison Law can then help you file an injury claim that allows you to recover financial support based on your:
- Medical bills and future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Physical impairment and emotional distress
- Other losses supported by the evidence
When a trucking company fails to do its homework before hiring a driver, it can put everyone on the road at risk. If that driver’s negligence causes an accident, it’s important to look at what the company knew, what it overlooked, and whether it put their profits first before your safety. Our team can help you get to the bottom of what happened and figure out whether the trucking company should be held accountable. Set up a free consultation today to talk over your options.
