Wrongful Death Lawsuit Alleges Trucking Company Employed Unlicensed Truck Driver

The grieving sons of a 62-year-old South Carolina native recently filed a wrongful death truck accident lawsuit against a driver they allege did not have a valid CDL at the time of the accident. The truck driver was charged with misdemeanor death by motor vehicle, failure to yield the right of way, and not having an operator’s license. The wrongful death lawsuit demands a jury trial, punitive damages, and compensatory damages. Further, the plaintiffs contend that the length of the tractor trailer and the load was 58 feet longer and eight more axles than what was allowed by their oversize permit. In addition, the permit did not allow the load to be moved after sunset.

What constitutes negligent training or hiring in a truck accident lawsuit? 

Negligent hiring is an allegation made against trucking companies whose drivers are under-skilled, undertrained, and occasionally lack the required licensure to perform their jobs. The trucking company has a duty of care to ensure that their drivers are skilled and licensed. Trucking company negligence results in a situation where incompetent or unsafe individuals threaten the safety of others on the road.

A negligently hired driver can cause accidents, injuries, or even death. Common negligent hiring and training practices include:

• Failure to perform background checks – Trucking companies that fail to perform rigorous background checks hire drivers without CDLs or poor driving records.

• Failure to review driver training and certifications – All states require commercial truck drivers to undergo specific training before getting behind the wheel of a semi-truck. Drivers sometimes lack the required training and licensure. A negligent company can hire a driver to fill a position quickly.

• Lack of proper onboarding for new drivers – Every company has rules that inform employees how they should conduct themselves. A trucking company can be liable if an accident occurs and the facts reveal the driver had little or no knowledge of their employer’s rules.

• Failure to provide sufficient training – Drivers are required to have the skills and knowledge to operate trucks and handle cargo safely. An injured party can hold a trucking company liable for the actions of its driver when an accident occurs because the driver failed to properly secure the cargo or lacked training to safely operate their truck.

• Ignoring or failing to comply with safety regulations – Drivers who ignore safety regulations, including the FMCSA’s rules, indicate that the company that hired them failed to properly train the driver. Common safety regulations that are often broken include obeying hours-of-service limits and completing vehicle safety inspections daily.

Talk to an Oakland, CA Truck Accident Lawyer Today 

The Oakland personal injury attorneys at Venardi Zurada represent the interests of injured plaintiffs in lawsuits against negligent trucking companies and their drivers. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our office today to schedule an appointment, and we can begin investigating your case right away.

Source:

wect.com/2024/10/22/wrongful-death-lawsuit-filed-january-crash-involving-unlicensed-truck-driver/