Poorly Screened Drivers truck accident info

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Poorly Screened Drivers trucks accidents attorneys in California

Part 391 of Title 49 in the Code of Federal Regulations (CFR) establishes the minimum qualifications for commercial motor vehicle drivers. Trucking companies are expected to have a fairly rigorous screening process that eliminates certain dangerous individuals from operating commercial trucks.

Under CFR § 391.11(b) a person is qualified to drive a motor vehicle if they are at least 21 years old, 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, can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives, is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part, has a currently valid commercial motor vehicle operator’s license issued only by one state or jurisdiction, has prepared and furnished the motor carrier that employs him/her with the list of violations or the certificate as required by CFR § 391.27, is not disqualified to drive a commercial motor vehicle under the rules in CFR § 391.15, and has successfully completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with CFR §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 CFR § 391.33.

California Poorly Screened Drivers Truck Accident Attorney

Did you suffer severe injuries or was your loved one killed in a truck accident caused by a poorly screened truck driver in California? Get yourself legal counsel without delay.

The May Firm will fight to make sure that you get every single dollar that you need and deserve. Our firm can provide an honest and thorough evaluation of your case as soon as you call (844) 629-3476 or contact us online to set up a free consultation.

Truck Driver Screening Process

The truck driver hiring process usually involves four stages of screening. In the pre-screening phase, the Federal Motor Carrier Safety Administration (FMCSA) requires the hiring company must verify the prospective driver’s previous employment history for the previous three years. The company must enter information in the Commercial Driver’s License Information System (CDLIS) using a current driver’s license and as many as three prior commercial driver’s licenses (CDLs) and verify the driver’s Social Security number.

The next round of screening will take a closer look at the driver’s motor vehicle history, examining traffic records from the prior three years. A truck driver’s criminal record and possible sex offender registry will also be examined, and the three-year drug or alcohol violation history required by United States Department of Transportation (DOT) 49 CFR Part 40 will also be involved. Finally, the five most recent years of crash data in DOT recordable accidents and three years of roadside inspection will be obtained through FMCSA’s Pre-Employment Screening Program (PSP).

The next round of screening will be conditional tests driver must pass, such as pre-employment drug tests for which negative test results are mandatory. Medical qualifications also need to be satisfied so a driver can be determined to be physically qualified to drive a commercial truck.

Truck drivers will also be subject to ongoing screening, which can include random drug and alcohol testing, post-accident drug and alcohol testing, and reasonable suspicion drug and alcohol testing. Carriers are required to obtain a truck driver’s motor vehicle record at least once every 12 months, and must also monitor for changes to the motor vehicle record.

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Types of Poorly Screened Drivers Truck Accident Injuries

If a truck driver is not adequately screened, they can be more likely to cause a serious accident. The types of negligence the driver exhibits can vary depending on the crash, but the injuries are often severe.

Examples of injuries people could suffer because of poorly screened drivers include, but are not limited to:

  • Sprains
  • Spinal cord injuries
  • Fractures
  • Neck injuries
  • Lacerations
  • Paralysis
  • Muscle strains
  • Internal organ injuries
  • Burn injuries

When a person is killed because of a poorly screened truck driver, the family of the individual could file a wrongful death lawsuit. Trucking companies will work quickly to cover up their negligence in cases involving hiring issues, and you will want to have an attorney preserve evidence before a trucking company can destroy it.

Contact a Poorly Screened Drivers Accident Lawyer in California

If you sustained serious injuries or your loved one was killed in a truck accident in California caused by a poorly screened driver, know that you have rights and you should not be afraid to exercise them. The negligent party that is responsible for your crash deserves to be held accountable.

The May Firm is committed to helping you achieve the most favorable possible outcome to your case. Call (844) 629-3476 or contact us online to take advantage of a free consultation.

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