Lack of Driver Training in Massachusetts
Experienced Boston Attorneys Handling Truck Accident Cases
A lack of driver training can cause permanent, life-changing injuries when trucks are involved. Large vehicles like 18-wheelers are complicated to drive and require substantial training before the driver is deemed competent to operate these vehicles unsupervised. As a reflection of how unsafe an untrained driver can be, state and federal regulations impose requirements for how much training a driver must undergo before they can operate a truck unsupervised. At Breakstone, White & Gluck, our Boston truck accident lawyers have assisted many Massachusetts residents with seeking compensation from a negligent truck driver or a trucking company after an accident. We are well-versed in the regulations that apply to trucking companies and truck operations, and we are ready to put our knowledge and skill to use for you.
State and Federal Regulations Regarding Truck Driver Training
There are many aspects that go into training competent truck drivers. Drivers must be trained in all aspects of the operation of a truck. Proper training of a driver will teach them covering all aspects of operation including everything from how to perform pre-driving truck inspections to how to make evasive maneuvers in the event of unexpected roadway hazards. Avoiding jackknife accidents and falling debris accidents, for example, is essential to the safe operation of 18-wheelers. Regulations also require drivers to comply with limitations on the number of hours that they can drive their vehicles during an uninterrupted period.
Although many drivers and trucking companies comply with the time restrictions, some drivers and trucking companies ignore these rules in an attempt to deliver loads more quickly and to cut corners. This puts everyone else on the road at serious risk of injury if the fatigued operator falls asleep behind the wheel. Another critical area of training involves instructions about how to properly load cargo into the trucks. If a truck is not loaded properly or is loaded in excess of federal weight restrictions, a devastating and even potentially fatal accident can occur. Finally, truck drivers must pass a specific test in order to obtain a commercial driver’s license.
Holding a Driver or Company Accountable for Violating a Regulation
If you are involved in a truck accident that resulted from a lack of driver training, you can bring a personal injury claim against the driver who caused your injuries. Massachusetts recognizes a doctrine called vicarious liability that allows an accident victim to hold an employer liable for the negligent acts that its employee commits during the course and scope of employment. In other words, you can also file a personal injury lawsuit against the driver’s employer, based on the driver’s actions. Additionally, if the trucking company failed to use reasonable care and diligence in the vetting and hiring of the driver, you can bring a negligent hiring claim against the trucking company. An example of negligent hiring would be failing to identify a candidate’s history of DUIs or failing to check whether a driver was appropriately licensed. In each of these claims, the plaintiff’s attorney has the burden of proving that the defendant failed to act according to the applicable standard of care and that this failure was the cause of the injuries that you sustained.
Meet with a Seasoned Trial Lawyer in Boston or Surrounding Areas
Truck accidents lead to some of the most catastrophic injuries. Knowing the scope of your rights and whether you are entitled to compensation can be complicated, especially if you have no prior experience with the legal system. At Breakstone, White & Gluck, we have assisted many victims with asserting their right to compensation. We provide compassionate and personalized legal counsel at every phase of the case. This includes obtaining evidence, researching potential driver training violations like fatigued driving, and negotiating with insurance companies. Our attorneys have assisted victims in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule your free consultation, call us now at 1-800-379-1244 or contact us online.