In Georgia, all people who want to drive a commercial big rig, defined as either a single vehicle or a combination of vehicles weighing 226,001 pounds or above, must become qualified by obtaining a commercial driver’s license (CDL). A CDL is obtained through stringent testing, in which a prospective driver’s knowledge of driving a truck and ability to do so is assessed by qualified testers.
While all drivers of any type of vehicle must be licensed, obtaining a CDL requires knowledge specific to driving a commercial truck. Driving a truck is quite different from driving a car in many ways. The air brakes of a truck, for example, operate differently from a car’s brakes. Certain maneuvers, such as wide right turns, must be taught specifically. Wide right turns require that a truck turn a bit left before angling the truck right. An inexperienced and unqualified driver might turn left too far and cause an accident. If you have been involved in a truck accident and suspect the driver of the truck was under qualified then contact the truck accident attorneys at Brauns Law Accident Injury Lawyers, PC to discuss options.
Commercial truck drivers must also perform tasks that car and other vehicle drivers are not called upon to do, such as inspect the condition of the truck and the containment of a truck’s cargo periodically during a run. This is done because unstable or improperly secured cargo can cause or contribute to an accident. Inspections are also done partly because federal regulations require regular inspection, maintenance, and repair of commercial trucks. While crews or the owners are primarily responsible for this inspection, repair, and maintenance, the driver’s inspections and notes during a run are part of the necessary chain of safety.
Dangers of Unqualified Drivers
But what if a driver doesn’t have a CDL? What makes someone unqualified to be a truck driver?
The presence of an unqualified truck driver behind the wheel poses a danger to everyone on the road in Georgia. Not knowing fully how to drive a big rig makes the risk of accidents much more likely.
Truck accidents already take far too many lives. In a recent year, 34 people were killed by large trucks in Georgia, according to the National Highway Traffic Safety Administration (NHTSA). Nationwide, law enforcement reports 450,000 crashes with large trucks in the last year for which statistics were available. One percent of these crashes (4,237) were fatal, and 23 percent caused injuries.
Injuries from a truck accident can be devastating, simply because trucks are so much larger and heavier than any other type of vehicle. Occupants of cars and motorcycles can receive catastrophic and life-threatening injuries.
Not only are unqualified truck drivers not fully qualified to drive, but they may not know regulations designed to ensure their own safety and those of other people. Federal regulations determine how long a truck driver can drive without taking a break or sleeping, for example. A company that hires an unqualified driver might not see fit to inform them of these regulations.
Federal regulations also require that commercial truck drivers be tested periodically for the presence of alcohol or drugs in their system. Unqualified drivers and the companies that hire them may also be tempted to skip these regulations. It’s simple: alcohol and drugs cause accidents. Testing is a way of ensuring safety for everyone on the road.
Why Do Companies Hire Unqualified Drivers?
Truck companies and truck owners should take care to check the qualifications of their drivers. They should make sure drivers have a current CDL or applying for a CDL, for example, and perform background checks to ensure that drivers have a safe driving record.
However, several factors may work against this. One is a nationwide shortage of truck drivers. The American Transportation Research Institute identifies the shortage as the top issue facing the trucking industry. The shortage could reach 175,000 drivers by 2026, spurred by the retirement of a large percentage of current truck drivers and concerns about wages and the toll that long-distance driving takes on the drivers’ quality of life.
Companies may also not want to pay the going rate for licensed truck drivers. They may not take the time to check one way or the other. They may feel pressured to move freight just to stay in business.
But the threat to public safety from unqualified drivers is very real.
Who Is Responsible if an Unqualified Driver Causes an Accident?
What happens if an unqualified truck driver gets into an accident?
The company that hired the driver could be deemed negligent for not hiring properly qualified drivers as required by the state of Georgia.
The company owes a duty of care to the public, to exercise the same degree of caution and prudence as an ordinary person would. Making sure that drivers are qualified is an ordinary degree of prudence. If the company breaches the duty of care and someone gets hurt as a result, it is negligent and faces legal liability.
An unqualified driver, of course, could also be deemed negligent if his actions led directly to an accident. A driver’s duty of care is always to follow the same standards of prudence and safety as an ordinary person would. Truckers must follow all laws and regulations. If they do not follow these standards or obey the law, they too could be deemed to have breached an ordinary standard of care.
That said, many other parties can theoretically be responsible for causing a truck accident. Improperly loaded cargo can cause or contribute to an accident. Poor truck maintenance can cause or contribute to an accident. Defective repair, components, or manufacture can cause or contribute to an accident.
The companies that improperly loaded cargo, failed to repair or properly maintain a truck, or were responsible for defective products or overall manufacture can also be negligent and liable if any of these factors directly caused or contributed to an accident.
Truck accidents often need to be thoroughly investigated so that the causes can be determined. Once the causes are determined and the evidence has been presented, negligent parties have to pay damages to injured parties.
