The hiring and training of employees is a key responsibility for every employer. For trucking companies, this responsibility can be arguably more important as they are directly responsible for keeping the roads safe with qualified truck drivers. A failure to properly screen and invest in the skills of truck drivers poses a risk to the general public. There are standards that New York truck companies are expected to abide by.
Examples of Negligent Hiring in New York Truck Accidents
Trucking companies have a responsibility to screen potential hires and, once hired, make sure they are trained to perform the duties required of commercial truck drivers. Some ways employers might fail to fulfill their responsibilities include:
- Screening Without Adequate Background Checks: Background checks help to review drivers for unsafe driving records, criminal histories, substance abuse issues, or any other behaviors that could place others at risk.
- History of Aggressive Driving: Drivers who have histories of speeding tickets, accidents, or reckless driving are behaviors that employers should identify in the screening process.
- Improper Credentials: Commercial drivers must have specific licenses allowing them to navigate trucks. Hiring drivers without a commercial driver’s license and any required specialized training fails mandated safety regulations.
- Drug and Alcohol Testing: Federal laws state that pre-employment drug testing (and periodically at random intervals) is required when screening truck drivers.
- Inadequate Driver Training: Hired drivers must receive adequate training for operating trucks and other safety rules. An inability to provide training can increase the likelihood of accidents occurring.
Required Federal Qualifications of Drivers in New York Truck Accidents
Trucking companies have specific requirements they must meet before hiring a truck driver. These regulations are set out in 49 CFR Part 391:
“§ 391.1 Scope of the rules in this part; additional qualifications; duties of carrier-drivers. (a) The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifications of their drivers. (b) An individual who meets the definition of both a motor carrier and a driver employed by that motor carrier must comply with both the rules in this part that apply to motor carriers and the rules in this part that apply to drivers. (a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in § 391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle. (b) Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she— (1) Is at least 21 years old; (2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records; (3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives; (4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part; (5) Has a currently valid commercial motor vehicle operator’s license issued only by one State or jurisdiction; (6) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and (7) Has successfully completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with § 391.31, or has presented an operator’s license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33.”
These rules set out the minimum qualifications for commercial vehicle drivers. A failure to abide by these guidelines would be considered a violation of the trucking company in the negligent hiring of drivers. These requirements include being at least 21 years old, being able to read and speak English, being able to demonstrate the safe operation of the commercial vehicle they will be assigned to, being physically qualified under the Department of Transportation’s requirements, possessing a valid commercial driver’s license, and successfully completing a road test.
Inadequate Training of Truck Drivers in New York Truck Accidents
Commercial drivers are required to receive sufficient training to comply with the Federal Motor Carrier Safety Administration standards. This includes being able to understand the truck’s braking systems, blind spots, angle of turning, emergency maneuvers, and hazard awareness. The failure to receive adequate training in these areas, followed by an accident occurring, can make the trucking company responsible for the accident. There are also specific regulations that a truck driver may be responsible for depending on the type of cargo they are transporting. For example, hazardous cargo, such as flammable liquids, require extra attention to properly load, secure, and label hazardous cargo.
In undergoing a legal claim, evidence can be gathered in the process of discovery to identify signs of inadequate training provided by the trucking company. This can include training logs, training manuals and policies, employment records, screening and selection processes, expert testimony, and depositions.
Trucking companies are responsible for adequately hiring and training their employees. At Towey Law, PLLC, our negligent hiring and inadequate training New York truck accident lawyers will fight for the justice you deserve. Call us today for your free consultation at (716) 899-1605, and let us provide you with the best options to consider.