Trucking accidents are unfortunately an all-too-common occurrence on Missouri roads. When large commercial vehicles collide with smaller passenger automobiles, the outcomes are frequently tragic, as trucking accidents are associated with a high risk of catastrophic injuries among the occupants of passenger vehicles. In far too many cases, these catastrophic injuries lead – whether at the scene of the accident or during ultimately unsuccessful attempts at treatment in a medical facility – to loss of life. Perhaps the saddest aspect of trucking accidents is that, in hindsight, so many of them do look preventable. The experienced Missouri truck accident lawyers with Steelman Gaunt Crowley have dealt with myriad trucking accident investigations over our decades serving the Rolla community, and one theme we have seen repeated over and over is how incredibly crucial it is for trucking companies to take responsibility for properly vetting prospective drivers by conducting thorough background investigations into each driver’s history and requiring each driver who applies to work with the organization to complete rigorous training appropriate to their cargos, routes, and vehicles. Periodic “refresher” training on the latest highway safety practices and the performance of regular maintenance checks can also be a good idea. When trucking companies neglect to conduct their due diligence in checking driver backgrounds or fall short on preparing drivers to do their jobs safely, they may be held liable for the damages that result. If some of these damages have affected you, one of our attorneys may be able to evaluate your case and help you determine whether you have a legal claim for compensation. The initial conversation is free, so consider calling our Rolla office today at (573) 341-8336 to schedule your no-cost consultation.
Federal Regulations for Hiring Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) explains that, because the commercial driver’s license (CDL) required to legally operate a large commercial vehicle like the semi-trucks used in cross-continental cargo transport is a state-issued license, in general the FMCSA does not oversee the actual licensing process. The requirements for obtaining a CDL, like the requirements for obtaining the ordinary drivers’ licenses required to operate personal vehicles, are instead set by the individual states, and overseen by the license-issuing authority (usually a Department of Motor Vehicles or similar) in each state).
Federal Standards for Commercial Motor Vehicle (CMV) Operators
Rather than mandating specific standards that drivers must meet in order to obtain their CDLs, then, the FMCSA regulates driver training and safety by applying a nationally standardized definition of a “commercial motor vehicle” (CMV), outlined in the Code of Federal Regulations (CFR). The FMCSA then requires drivers to obtain a single, state-issued CDL in order to legally operate any vehicle, including a semi-truck used for hauling freight, that meets the criteria for any CMV described in 49 CFR 383.91, subject to certain exceptions that enumerated in 49 CFR 383.5, such as the movement of farm equipment not subject to the normal license plate requirements for road vehicles and the emergency use of equipment such as fire trucks or snow plows when more appropriately licensed personnel are not available.
FMCSA enforcement of the requirement to obtain a CDL differs somewhat from the citations that state or local law enforcement personnel may issue to individuals caught “driving without a license” in the process of operating personal vehicles. Although driving a CMV without the appropriate license will be an offense on the part of the driver and each driver is responsible for ensuring that they obtain a CDL that meets state requirements for the type of CMV they will be operating, the FMCSA also makes clear that companies who hire drivers to operate commercial vehicles have an obligation to verify each driver’s CDL status, instructing “carriers” – that is to say, trucking companies – to check with the relevant authority in the state that issued the license.
Driver History Investigations
The CDL verification requirement goes hand-in-hand with the FMCSA’s mandate to carriers that they check each driver’s history. Trucking companies are required to submit a request, using the forms and procedures required by the state agency receiving the request, to each state in which the recently-hired driver holds or has held a driver’s license or learner’s permit within the past three years, to obtain a copy of the driver’s entire motor vehicle record for the three-year period. 49 CFR 391.23 requires a copy of the driver’s record from each state to be placed in the driver’s “qualification file” – which the trucking company is also required to maintain, pursuant to 49 CFR 391.51.
Official citations and traffic incident reports form only one portion of a composite investigative requirement. Companies hiring commercially-licensed drivers to operate CMVs are also required to conduct an investigation into each driver’s previous employment in the trucking industry – defined, for the purposes of determining the extent of companies’ responsibility with respect to these background investigation requirements, as the driver’s “safety performance” during the course of any work within the past three years, performed for any employers whose activities full under the purview of the Department of Transportation.
Safety Significance of FMCSA Background Investigation Requirements
The license verifications and driver history investigations mandated by the FMCSA are designed to increase highway safety by requiring all CMV drivers to go through appropriate training processes and CDL testing protocols overseen by the individual states, and by ensuring that “problem” drivers who manage to obtain their commercial licenses but accrue poor safety records cannot simply move from one carrier employer to another in order to avoid consequences and continue operating commercial vehicles whose size and weight can pose excessive risk to others on the roads when operated without appropriate skill and care. Owing to the high safety stakes involved and the too-often tragic results of inadequate driver training and preparation, the FMCSA takes extremely seriously the obligation of trucking companies’ obligations to perform these background investigations and to thoroughly vet and train newly-hired drivers before putting them on the roads. An experienced Missouri personal injury lawyer from Steelman Gaunt Crowley may be able to investigate the circumstances surrounding and leading up to your trucking accident to help determine whether the driver’s employer fulfilled all of their obligations for ensuring safe operation of all commercial vehicles in their fleet.
Trucking Accident Liability
Because the requirements for training and investigation are well-established within the official federal guidelines that apply to trucking companies, any failure of a motor carrier company to carry out the prescribed protocols and maintain the required records can leave the trucking enterprise open to liability if an improperly vetted driver’s negligence or lack of skill leads to an accident on the road. In this circumstance, the trucking company may be partially or completely responsible for compensating the victims of a trucking accident in which their employee acted improperly with respect to the conditions present on the road, or failed to act appropriately in response to an emerging situation.
Speak With an Experienced Trucking Accident Lawyer
If you have been injured in a trucking accident, you may be suffering with enormous financial losses and potentially catastrophic injuries. In many cases, victims of trucking accidents may be entitled to compensation to help in medical and financial recovery after the incident – but obtaining this compensation often requires first determining the identity of the responsible party or parties. A Missouri truck accident lawyer with Steelman Gaunt Crowley may be able to perform a thorough investigation of your trucking accident and help to determine whether the driver involved acted appropriately throughout the incident and, as well, whether the driver’s employer fully discharged all of its responsibilities for reviewing driver history, training the driver on its fleet vehicles, and maintaining proper records to document any problems in the driver’s safety record. Our office offers free initial consultations to individuals injured in these tragic accidents, so call (573) 341-8336 today to schedule a conversation to review your case.
