The Federal Motor Carrier Safety Administration intended to implement universal training requirements for entry-level truck drivers with the goal of making sure that new drivers are sufficiently prepared for the road. However, because there were delays in the implementation of an IT infrastructure for the training program, the requirements have been delayed by two years. If you were involved in an accident with an entry-level driver, a lack of sufficient training was likely the result.
To obtain a commercial driver's license, a driver must:
- Be 21 years of age
- Pass a background check
- Provide proof of residency
- Pass a knowledge exam and skill and road test
While these requirements can filter out some unsafe drivers, handling a commercial truck is very challenging for an entry-level driver, and your attorney might argue that this contributed to your accident.
All Entry-Level Drivers Must Be Trained
Even with the delay in this program, employers are still responsible for making sure that their drivers are properly trained, and an employer will have vicarious liability if an employee causes an accident especially if it is due to insufficient training.
Your truck accident attorney will likely advise you that it is better to sue the employer's insurance provider because the insurance provider will have the ability to settle for a much greater amount.
Your Settlement Amount Matters
Due to the size and weight of commercial trucks, they tend to cause a lot more serious injuries and your medical bills will likely be higher. If you were to sue the driver, their own insurance policy may have a cap, and your options, if you reach these caps, are to sue the driver directly or sue other at-fault parties.
Why the Experience of the Driver Matters
An inexperienced and poorly trained driver is more likely to make a mistake. This is important because the other driver must be considered at-fault for the accident for you to be entitled to compensation for your injuries.
Some drivers do not know how to prioritize their health and wellness. As a result, they may be driving for very long periods of time and not drive safely as a result. Many drivers also do not know how to respond to dangerous situations. Your attorney will piece together what happened and will help build a case for why the other driver was at fault.
Talk to a truck accident attorney in your area for more information.