Truck Accident due to Poor training in Hollywood, FL
Have you been injured in a truck accident due to poor training in Hollywood, FL? It can be hard to tell. If you’ve been in a commercial truck accident with a big rig, tractor trailer, or any large commercial truck, the truck driver should have received extensive training and testing to make sure he or she is safe on our roads.
But how can you be sure? To find out whether inadequate training played a role in your accident and to determine whether you may have a claim for compensation, contact Flaxman Law Group for a free consultation. We’re here to get answers and compensation for those who have been injured through no fault of their own.
Typical Accidents Caused by Inexperienced Drivers
Inexperienced truck drivers are more likely to cause serious accidents because they don’t have the training and knowledge about how to handle dangerous situations. This can mean they cause serious accidents, including:
- Car accidents. Since there are so many cars sharing the roads with commercial trucks, when inexperienced truck drivers get into accidents, they’re most likely to crash into smaller passenger cars.
- Pedestrian accidents. A truck accident due to poor training in Hollywood, FL can also involve pedestrians. A truck driver may not have the training to check the many blind spots on their vehicle and may miss a pedestrian. Unfortunately, these types of accidents are likely to be fatal for the pedestrian.
- Weather-related accidents. Lack of experience in poor weather can lead to loss of control, especially with large trucks. Truck drivers who lose control can easily crash into other vehicles or pedestrians, even causing a rollover or multiple-vehicle crash.
- Motorcycle and bicycle crashes. As with pedestrians, truck drivers may simply not see bikes and untrained truckers may not know how to check blind spots carefully, which can lead to motorcycle accidents and bicycle accidents.
- Cargo-related crashes. Untrained drivers may not secure cargo properly, leading to spills or imbalances that cause accidents. They may also not know how to handle hazardous cargo correctly, which can cause hazardous spills and even fires.
The reality is that driving a commercial truck is much different than driving a passenger car. Truck drivers spend long hours on the road and need to know how to stay focused. Large trucks also have more blind spots and take longer to stop. Inexperienced drivers may not know how to handle these vehicles. Inexperienced drivers may also panic or fail to act quickly enough in sudden situations like a vehicle cutting them off or an obstacle appearing in their path.
Why Are Inexperienced Drivers on the Road?
There is a significant shortage of qualified drivers in the trucking industry. Trucking companies sometimes hire drivers with insufficient experience in an effort to fill job openings quickly, despite the risks involved. There are also other reasons why inexperienced drivers are allowed to drive commercial trucks that can weigh over 40,000 pounds when fulling loaded:
- Cost-saving practices. Trucking companies and other employers may hire undertrained drivers because these drivers may be willing to work for less. Companies may also not want to invest money on training programs to bring less experienced truckers up to speed.
- Pressure to meet demand. Companies might overlook qualifications because they need drivers on the road right now to meet deadlines.
- Non-compliance. Some trucking companies don’t perform proper background checks on drivers before hiring them or simply fail to stay compliant with rules about driver training. This may be due to lack of understanding of the rules or not wanting to spend the time on these efforts.
- Lack of uniform standards. Drivers trained in other states or countries may not meet the specific training requirements of Florida, leading to inconsistent training among truckers.
No matter why an under qualified truck driver is on the road, the company that hired him or her can be held liable if the driver causes an accident and injury. The law is the law, and companies are expected to take reasonable measures to ensure their drivers are safe, even if there is a shortage of drivers and even if companies face time constraints.
Florida Statutes Regarding Truck Driving Schools
Both the Federal Motor Carrier Safety Administration (FMCSA) and Florida Department of Highway Safety and Motor Vehicles (DHSMV) have requirements for drivers of commercial trucks. These drivers need a Commercial Driver License and an Operator’s License. Divers need to pass the vision, skills, and knowledge tests.
Truck drivers must attend truck driving schools, where they learn about the safe handling of specific classes of commercial trucks. In Florida, schools for truck drivers must be licensed. In addition, the instructors at the school must be certified by the Florida Department of Highway Safety and Motor Vehicles. To get an instructor’s certificate, instructors will need to pass vision tests, road tests, and written tests to show they’re qualified.
If you’re in a truck accident, it’s natural to ask whether a driver’s commercial truck driving school played a role. Unfortunately, there have been cases in Florida where fraudulent schools have been set up. These schools often charge students extra to help them cheat on their commercial license exams. Some schools fail to provide adequate instruction or fail to be licensed in accordance with DHSMV rules.
If you’re in a truck accident due to poor training in Hollywood, FL, you may want to work with a trucking accident lawyer who can investigate whether the school the truck driver attended was fraudulent or non-compliant. If it was, you may have a claim against the owner of the school and possibly against its instructors.
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Holding a Truck Company Accountable for Insufficient Truck Driver Training
Truck companies have a responsibility to ensure their drivers are properly trained. When companies fail to provide adequate training or fail to check that their drivers are qualified for the job, they may be held accountable for accidents that occur as a result.
Victims of truck accidents caused by poor training may pursue legal action to hold the company accountable, seeking compensation for damages and injuries. The challenge is that it can be difficult to tell whether your truck accident was caused by simple driver error, a company’s policies, or poor training.
This is where a truck accident lawyer in Hollywood, FL can be invaluable. Your attorney can secure documents and records from the truck company and any truck driving school the truck driver attended. This can help your attorney determine whether inadequate training played a role. Your lawyer can also gather testimony from the driver and other drivers from the same company or commercial driving school, to find out whether these organizations skirted regulations.
What Should I Do in the Case of a Truck Driving Accident?
If you’re involved in a truck accident, particularly one you suspect is caused by a driver’s lack of experience or training, take immediate steps to protect your rights and strengthen your potential legal case. Here’s how:
- Seek medical attention. Even if you don’t think you are injured, it’s essential to seek a medical evaluation right away. Injuries from truck accidents can be serious, even if symptoms don’t appear immediately. Getting prompt medical attention ensures you get timely treatment and it means your injuries start getting documented right away.
- Gather evidence. If possible, take photos of the scene, including any vehicle damage, road conditions, weather conditions, and the surrounding area. Take photos of anything that might be relevant, because it’s better to take too many pictures than too few. Collect contact information from witnesses and the truck driver. Write down as much as you remember, as soon as you can.
- Contact a lawyer. Consult with a personal injury attorney who specializes in truck accident cases. You may even want to do this before you talk to your insurance company. Insurers may try to minimize your claim, so you may want to let your attorney handle all communications with insurance companies.
Your first priority is to get medical help for yourself or anyone else seriously injured at the scene. However, you will also want to contact a trucking accident attorney as soon as possible. Having a legal professional by your side ensures you take the necessary steps to secure the compensation you deserve. A lawyer can also prevent you from making statements that may hurt your case.
Compensable Truck Accident Damages
Car accidents involving inexperienced truckers can be devastating for the passengers of the smaller car. While the truck driver may walk away without a scratch, occupants of smaller cars may experience serious injuries, including head injuries, spinal cord injuries, serious scarring, and more. Smaller cars are also often totalled in these crashes.
This means that the costs of a car or motorcycle accident involving a truck will start to add up fast. In Florida, you can seek compensation for any losses or injuries that occurred due to someone’s negligence. This means you may be able to seek compensation for:
- Medical expenses. This includes the cost of emergency treatment, hospital stays, surgeries, rehabilitation, therapy, and ongoing medical care. You can also recover for expected future medical costs, such as future follow-ups and treatment for a permanent injury.
- Lost income. If your injuries prevent you from working, you can pursue compensation for the income you’ve lost, including future lost wages if you’re unable to return to your previous job.
- Pain and suffering. You may be able to seek compensation for physical pain, emotional distress, and reduced quality of life due to the accident. While this form of compensation won’t heal the trauma of a serious truck accident, it can give you the resources you need to rebuild your life.
- Property damage. You may be able to seek compensation for the expense of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Punitive damages. In cases where the trucking company’s actions were grossly negligent, you may be entitled to punitive damages, which are designed to punish the responsible party and encourage them to act more responsible in the future. For example, if a company knowingly hired under qualified drivers to save money and refused to train them, you may have a case for punitive damages.
- Incidental costs. There are many out-of-pocket expenses you may face after a motorcycle accident or car accident involving a truck. You may need to pay for taxis to get to doctors’ appointments. You may need to hire someone to help you around the home or you may need to pay for renovations in your home to accommodate your injury. You can seek compensation for these costs and expected future costs, too.
Sadly, it’s very easy to underestimate how much a serious truck accident could end up costing you. You may be focused on paying the current bills and not thinking about the lifetime costs of your injuries. However, your injuries are almost certainly going to cost more than you think. You can’t anticipate any complications or health setbacks you may experience because of your injuries. And keep in mind that future wage losses and medical costs will cost more because they’ll be impacted by inflation.
You don’t want to find yourself in a position where you can’t afford the medical care you need or you’re struggling to pay the bills. The time to get fair compensation is now. If you wait and accept a low offer from an insurance company, you will lose out on the chance to seek better compensation later.
Before you make any decisions, contact Flaxman Law Group and consult with a truck accident lawyer in Hollywood, FL. Your consultation is free and comes with no obligation. Our legal team can review the full scope of your damages and determine the best course of action to recover compensation.
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