Operating a tractor-trailer takes much more skill and attention than driving a passenger car. If a driver makes an error, the consequences also are usually far worse. For this reason, truck drivers need special training. Unfortunately, many companies are willing to cut corners on expensive training classes and to do only the bare minimum required by law. Considering Texas does not require a formal training course, many drivers on Texas highways are ill equipped to avoid common trucking errors and act quickly in an emergency.
Berenson Injury Law holds the trucking company liable for putting dangerously unqualified and poorly trained drivers on Texas roads. If a truck driver’s error caused your injuries, our Fort Worth truck accident lawyer investigates whether the truck company is responsible.
Most truck accidents are entirely preventable, but for trucker error. A driver who has inadequate training is more likely to make a common error, such as:
Truck drivers in Texas must have a commercial driver’s license and appropriate endorsements. The type of license depends upon the specific vehicle being driven and the weight and type of load.
To obtain a CDL, the driver must take a driving test and pass a medical exam. Astonishingly, no formal training program is required. An astute driver could potentially pass the test after merely studying the Texas CDL manual. However, knowing the rules is far different than having hands-on instruction in dealing with the many challenging scenarios that the driver is likely to face.
Fortunately, formal training is required for drivers in the most dangerous positions. For example, the driver must be trained to pull a double or triple trailer to earn a T endorsement. Likewise, the driver must be specially trained in hauling hazardous materials to earn an H endorsement.
Truck companies are liable for their drivers under several legal theories that may apply to your case. First, the doctrine of respondeat superior makes an employer liable for the negligence of its employee who acted within the scope of his employment. Respondeat superior is an effective deterrent because vicarious liability may encourage some companies to provide training to avoid paying damages for their drivers’ preventable errors.
Another legal theory holds the corporation liable for its training or hiring practices. A company that allows dangerously untrained drivers on the road is directly responsible for the injuries one of its drivers caused.
Our injury attorney investigates what the trucking company did to ensure its drivers had the requisite skills. A trucking company that maintains a comprehensive training program and regularly evaluates its employees can raise a stronger defense than a company that is unwilling to foot the bill for driver training. The tractor-trailer corporation may also be liable for its failure to conduct a thorough background check or to take an unqualified driver out of service.
Holding the truck company responsible for the accident is crucial to recover the high damages you are entitled to after a serious 18 wheeler crash. This enables Mr. Berenson to pursue the limits of company’s insurance policy and the company’s extensive assets if necessary.
There is no excuse for a poorly trained truck driver to be on Texas roads. If you were injured by an unqualified driver, our Fort Worth truck crash attorney can help you recover. Schedule your free claims evaluation with Berenson Injury Law today. Our contingency policy means your attorneys’ fees and expenses are waived until we recover damages for you.
Begin with a free case review
Collect all records and evidence regarding your case
The other party will either accept or reject the demand, or provide a counteroffer
If they refuse to pay what you deserve, we’ll go to court
Each party will compile and submit evidence to be used in the trial
Before trial, an informal proceeding will take place to see if both parties can come to an agreement
If a settlement cannot be reached, we will fight for you in trial
While we are proud to call Fort Worth home, we are also more than happy to help injured people living all throughout Texas. Whether it's a car accident on the interstate or a backcountry road, we have years of experience and will fight tirelessly until our clients get what they deserve!