Negligent Hiring: Truck and 18-Wheeler Accidents Caused by Unqualified Drivers

Trucking companies are responsible for hiring qualified drivers who can safely operate vehicles weighing up to 80,000 pounds. When they violate this basic legal duty, they can be held responsible for the negligent hiring of unqualified or disqualified drivers. If you were injured in a truck accident in Houston and would like to learn more about how hiring practices may impact your case, reach out to a knowledgeable Houston truck accident lawyer from The Doan Law Firm. We offer a free case review to discuss your legal rights and options.

What Are Unqualified Disqualified Drivers?

Driving a semi-truck requires particular skills and qualifications. Drivers must have the appropriate license type and potential endorsement before they can legally drive certain types of trucks. They must also be in a physically fit condition so that they can operate the vehicle safely. Unqualified drivers lack the qualifications or experience to safely be hired to operate a truck.

Disqualified drivers, on the other hand, are drivers who did meet these qualifications at one time and have experience driving a commercial truck. However, they have done something so that their commercial driving privileges have been temporarily suspended or revoked.

Part 383.51 of the Federal Motor Carrier Safety Act lists specific traffic violations that can result in a driver being temporarily disqualified from operating a commercial motor vehicle, which include:

• Driving 15 mph or more over the posted speed limit
• Reckless driving
• Making improper or erratic lane changes
• Following too closely
• Violating a law related to motor vehicle traffic control in connection with a fatal accident
• Driving without a valid commercial driver’s license
• Driving without a valid endorsement
• Texting while driving
• Using a handheld mobile device

Many of these offenses result in an initial 60-day suspension, while a second or subsequent offense can result in a 120-day suspension.

Additionally, a driver’s license can be suspended for at least one year if they commit any of the following offenses:

• Driving with a blood alcohol content of 0.04% or greater
• Driving under the influence of drugs
• Refusing a drug or alcohol test
• Committing a felony with the vehicle
• Leaving the scene of an accident involving another vehicle
• Causing a fatality through the negligent operation of a commercial vehicle
• Driving a commercial motor vehicle with a suspended commercial driver’s license

A second offense can result in a lifetime driving ban, but some states, including Texas, allow reinstatement after ten years.

What Leads to the Hiring of Disqualified or Unqualified Drivers?

The United States is facing a severe shortage of qualified truck drivers. There are not enough people to perform this job to meet the high demand of delivering consumer goods. This has led some desperate trucking companies to hire unqualified or disqualified drivers, prioritizing profits over safety. This leads to avoidable accidents occurring. In these situations, the negligent trucking company can be held responsible for the resulting injuries.

How Can I Prove Fault in a Case Involving an Unqualified Driver?

Modern-day trucks contain many technological advancements than previous vehicles. They often have onboard cameras, black box recorders, and computer systems that track a vehicle’s every movement. However, trucking companies are reluctant to hand over such valuable evidence when doing so can subject them to substantial liability. This is why it is critical to work with an experienced Houston car accident attorney who knows how to identify, preserve, and assemble evidence to establish the trucking company’s negligent hiring practices.

Call for a Free Consultation with Our Houston Truck Accident Lawyers

When a trucking company negligently hires an unqualified or disqualified driver, they can be held responsible for the injuries the driver causes through their negligent operation of the truck. The Doan Law Firm has the experience, resources, and skills necessary to fight for the compensation you deserve. Contact us today for your free consultation.