Lack of Driver Training
Tractor-trailers are massive vehicles that carry large loads across Florida. A commercial driver must be properly trained before getting behind the wheel. When an untrained or inadequately trained trucker is on a highway, he or she endangers the lives of other motorists. The truck crash lawyers at Frankl Kominsky can help you assert your rights against a driver or trucking company if a lack of training caused the accident. Our lawyers represent victims of complex collisions and are skilled in helping them seek compensation from any parties who may be liable for their injuries.Lack of Driver Training and Tractor-Trailer Accidents
Because of a truck’s size and potentially dangerous cargo, a driver must pass a written test and a skills test to obtain a valid commercial license. Without the license, he or she cannot operate the vehicle. To pass the test in Florida, a driver has to demonstrate proper control of and familiarity with the truck, including its braking system. The individual must also understand the various federal and state regulations that apply to commercial drivers, such as the limits on hours-of-service.
An employer, such as a trucking company, must conduct proper background checks on potential drivers to ensure they have received the proper training. They must also review their driving records and test for drug and alcohol use.File a Claim Against a Negligent Truck Driver or Trucking Company
If a lack of driver training caused your injuries, you can try to hold the trucker and possibly his or her employer accountable. You probably would have to demonstrate negligence to prove liability and recover damages. A party is negligent if it had a duty to act with reasonable care, failed to use the appropriate level of care, and caused injuries as a result from which the victim incurred damages.
A driver can be held liable for operating a truck without the proper training, but its employer also may be called to account for allowing the trucker on the road in the first place. In many cases involving an employment relationship, an employer can be vicariously liable for an employee’s negligence. This means that a trucking company would be accountable for a driver’s careless conduct if he or she was acting within the scope of employment when the crash occurred. If a trucker lacked the proper training, moreover, his or her employer may be directly liable for its negligence in hiring and supervising the driver. For example, a company might be liable if it failed to conduct a background check as adequately as a reasonable employer would have under the circumstances. If you can connect a driver’s lack of training to the accident and your injuries, you can potentially recover damages from any defendants found responsible.Spoliation or Loss of Evidence
Employer records, driver logbooks, and other documents are crucial to establishing a driver’s lack of training. Key pieces of evidence, however, may disappear in truck crash cases. Spoliation occurs when a party to a lawsuit intentionally destroys, alters, or loses evidence to avoid liability. If this happens, a court may sanction the party responsible. However, a personal injury attorney familiar with truck accident cases can act quickly to secure evidence and possibly limit spoliation.Compensable Damages
You have the right to pursue damages from a party responsible for your injuries. You can possibly obtain compensation for your medical bills, lost income, property damage, pain and suffering, and more. You can also file a wrongful death lawsuit if your relative died in a truck accident. You have four years to file a Florida injury claim, and two years to file an action for wrongful death. In both situations, the time period generally begins to run on the date of the crash.West Palm Beach Lawyers Asserting the Rights of Big Rig Accident Victims
At Frankl Kominsky, we are committed to fighting for our clients and never settling for less. Our big rig accident attorneys can thoroughly investigate a truck crash in West Palm Beach or the surrounding areas to determine if the driver’s lack of training contributed to it. We can assert your right to compensation against a commercial driver and trucking company if their negligence caused your injuries. Our clients come from a wide range of Palm Beach County cities, such as Boca Raton, Delray Beach, and Palm Beach Gardens. Call our office today at (855) 800-8000 to schedule a free consultation. You can also contact us online. We are fluent in Spanish and Creole.