Inadequate Driver Training

Training is a requirement for even some mundane jobs. When it comes to operating a large vehicle with associated inherent risks, proper instruction is extremely important to the safety of not only the driver but also others on the road. The skilled truck accidents at the Law Offices of Robert Dixon represent victims who have been hurt in Miami collisions with commercial vehicles operated by inadequately trained drivers. Our attorneys have helped injured individuals in Miami-Dade, Broward and Palm Beach Counties, as well as elsewhere in Florida. Let us guide you through the stressful time after a crash.

Trucks are bigger and heavier than most other vehicles sharing the road with them. Disregarding the dangers of operating them carelessly, commercial drivers often speed to make deliveries on time, and they sometimes can be fatigued after driving for long periods or distances.

To make sure that big rig drivers operate their vehicles safely, federal and state regulations set out licensing and training requirements. For example, a truck driver is required by the Federal Motor Carrier Safety Administration to obtain a valid commercial driver’s license (CDL). Florida requires a written and driving test for drivers applying for CDLs. During the driving test, applicants must demonstrate certain skills to show they can properly maneuver and control a large vehicle in various situations. Proper truck driver training also includes:

• Education regarding the health of a driver, including alcohol and substance abuse;
• Instruction on the vehicle’s braking system, including inspection and maintenance;
• Specialized training for drivers with oversized vehicles or who are transporting hazardous materials; and
• Proper limits on hours on the road, and how to avoid fatigue.

Employers must make background checks on their drivers to determine past performance regarding safety, as well as drug and alcohol testing and periodic driving records reviews.

If you’ve been injured in a collision due to a commercial driver’s inadequate training, you may be able to pursue a negligence lawsuit against the responsible parties, including the driver and his or her employer. To succeed in this claim, you must establish that the trucker had a duty of care, the duty was breached, and the breach caused your injuries and forced you to sustain damages.

A driver who gets behind the wheel without proper training may have violated his or her duty to act as a reasonable and prudent person would behave under similar circumstances. The ordinary truck driver likely would be aware of the dangers associated with operating such a large vehicle in that situation. The driver’s employer could also be liable for failing to train the driver before allowing him or her to drive its big rig. In order to hold either party responsible, you must show the lack of training directly led to the accident and your injuries.

Often, reviewing truck company records is necessary to determine whether inadequate training played a role. Because of the various parties and the potential cost associated with truck accidents, spoliation of evidence may become a concern. This happens when evidence is intentionally lost or destroyed in an attempt to impede an opposing party in a lawsuit. A Florida court can impose sanctions against an individual or company that engages in this conduct, sometimes in the form of excluding certain testimony or even dismissing a claim.

Failure to adequately train a commercial driver before he or she sets out on the road can lead to major accidents and devastating injuries. The truck crash attorneys at the Law Offices of Robert Dixon are dedicated to holding accountable people or entities that endanger others around them through their careless actions. Please call 877.499.4878 or contact us online to set up a free, no-obligation consultation.