Negligent hiring practices are a consistent issue in the transportation industry. And with mining, logging and fracking operations making up a significant and booming portion of the West Virginia economy, many times the trucking companies skirt the truck driver qualification requirements of the Federal Motor Carrier Safety Administration (FMCSA), which include requiring that a driver must:
- Be at least 21 years old
- Be able to read and speak English sufficiently to understand highway traffic signs and signals, respond to official inquiries, make entries on reports and records, and converse with the general public
- Be able to safely operate the commercial motor vehicle he or she drives
- Be physically qualified to drive a commercial motor vehicle in accordance with the FMCSA physical qualifications
- Have a valid commercial driver’s license (CDL)
- Supply his or her employer with the list of traffic and criminal violations on his or her record
- Ensure that he or she is not disqualified to driver a commercial motor vehicle under FMCSA rules
- Have completed a driver’s road test successfully and have been issued a certificate of completion
Trucking companies are required to maintain a driver qualification file confirming that the driver met the qualifications and that the trucking company conducted certain investigations of the driver’s prior driving record, including contacting prior employers. In many instances, the driver qualification files are deficient.
Attorneys Robert Campbell, R. Chad Duffield and Brian Bigelow have undergone hands-on truck driver training and hold their Class A Commercial Driver’s Licenses, authorizing them to operate tractor-trailers, dump trucks and certain other commercial vehicles. The attorneys on our Truck Accident Team are also members of the Academy of Truck Accident Attorneys. Additionally, Robert Campbell and Chad Duffield have been recognized as Top 10 Trucking Trial Lawyers in West Virginia by the National Trial Lawyers.
How Do You Know If The Truck Driver Involved In Your Accident Met FMCSA Driver Qualifications?
It will be very difficult to determine and prove that the truck driver did not meet FMCSA qualifications without the representation of an experienced personal injury attorney who has successfully prosecuted truck accident injury cases.
Improper truck driver qualifications can only be found during a thorough investigation of the trucking company’s hiring policies, combined with an examination of the driver’s driving record and driver qualification file. Our team can do this efficiently and effectively in tandem with a full investigation of the accident scene and other possible causes of the accident, including improper maintenance, negligent driving, faulty equipment, driver fatigue and poor driver training.
Maximize Your Recovery Compensation With Our Experienced Team
We have recovered significant settlements and verdicts for victims and families throughout West Virginia. With offices in Charleston, Beckley and Morgantown, we can meet with you at your convenience to discuss your full legal options during a free initial consultation. We prepare your case for battle, and defendants know that our lawyers will stop at nothing to secure the full and fair compensation that you deserve for past, present and future damages and injuries.