How Failure to Train Truck Drivers Causes Accidents and How to Prove Your Georgia Accident Claim

Proper Training Is Intended to Prevent Accidents

Commercial truck accidents often have devastating consequences, but they can be preventable through proper driver training. A well-trained driver is better prepared to deal with hazards, drive defensively, and ensure their own safety and the safety of other people on the road. Unfortunately, not all commercial drivers in the State of Georgia receive the training needed to stay safe on the road.

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How Inexperience and Poor Training Can Lead to Truck Accidents

When commercial truck drivers don’t receive the proper training, then they may not have the knowledge and skills needed to avoid accidents. Here’s how:

• Miscalculations and Collisions: Poor training in maneuvering techniques can leave new drivers unprepared to deal with tight spaces, sharp turns, and defensive driving. This often results in collisions with objects or other vehicles.
• Underestimating Stopping Power: Many people don’t realize that big trucks, especially when loaded with cargo, have a much longer stopping distance compared to cars. An untrained driver can underestimate the braking power needed and cause a rear-end accident.
• Neglecting Blind Spots: Blind spots are a major hazard for large trucks. This means drivers have to take extra steps before lane changes or merges to ensure there aren’t unseen vehicles outside their normal field of view.
• Missing Mechanical Problems: Pre-trip inspections are crucial for identifying any potential mechanical issues like damaged tires or burned-out headlights. An untrained driver may miss steps in their inspection and mechanical problems that could later cause an accident.
• Unintentional Traffic Violations: Trucks have specific regulations to follow when it comes to speed limits, weight restrictions, and lane usage. Drivers who don’t follow these rules can compromise safe driving conditions.
• Frozen by Emergencies: Inexperienced drivers who don’t have the proper training in emergency response techniques might make poor decisions when dealing with the unexpected on the road.
• Unforeseen Hazards: Drivers who don’t have the right training might miss crucial cues on the road ahead and be unprepared to react safely to avoid accidents.
• Fatigue and Lack of Focus: Truck driving is an exhausting job, especially for new drivers. If they aren’t properly trained in fatigue management, they can be susceptible to decreased reaction times and have difficulty focusing after long hours on the road.

While experience plays an important role in safe truck driving, a well-designed training program can equip new drivers with the necessary safe driving skills. Without it, the number of accidents caused by inexperienced drivers can increase dramatically.

What Are Some Common Mistakes Made by Untrained Drivers?

Here are a few types of accidents that stem from a lack of proper instruction:

• Rear-end collisions: An untrained driver can underestimate the stopping distance required for a massive truck, especially on roads with sudden stops or traffic slowdowns.
• Jackknife accidents: These occur when the trailer swings out at a sharp angle from the cab. These often happen on wet or slippery roads when an inexperienced driver brakes suddenly and the load shifts.
• Lane departure accidents: Maintaining control during turns or on windy roads requires skill and proper training. Drivers who haven’t been thoroughly trained may drift into other lanes or lose control, causing collisions with other vehicles.
• Rollover accidents: These can happen when cargo isn’t loaded or secured properly or if a driver takes sharp curves at high speeds. Drivers who don’t have the knowledge and skills to handle these situations are more likely to be involved in crashes.
• Underride accidents: These horrific accidents occur when a smaller vehicle crashes underneath a truck. This happens when a driver misjudges a safe following distance or makes an improper turn. Drivers who haven’t been trained correctly may be unaware of their vehicle’s blind spots and stopping distances.

These mistakes show the importance of proper training for truck drivers.

How Can a Passenger Car Driver Prove They Are Not at Fault For a Collision With a Large Truck?

There are several ways to go about proving that you are not at fault for an accident with a truck. Important evidence must be gathered to prove that you are not at fault. This includes the following:

• Police report: A detailed report from the responding officer is crucial.
• Witness statements: If anyone saw the accident, their accounts can support your claim.
• Traffic camera footage: If available, this can provide visual evidence of how the accident happened.
• Security footage: Depending upon where the accident happened, security cameras from stores, gas stations and other commercial operations might be available.
• Dashcam footage: If you have a dashcam in your car, it can offer valuable video evidence.

In Georgia Truck Accident Case What Happens if Both Drivers Are Partially At-Fault?

In Georgia, when more than one driver may have made mistakes leading to the accident, a system called comparative negligence determines who is financially responsible for an accident. This means fault is shared proportionally. Georgia’s modified comparative negligence rule, means the amount of compensation you receive will be reduced by your percentage of fault in the accident.

Even if you share some blame for the accident, you can still receive compensation from the truck driver’s insurance company, as long as you’re less than 50 percent at fault. The amount you recover will be reduced based on your percentage of fault. For example, if you’re 20 percent at fault for a $100,000 accident, you’d get $80,000.

The key to maximizing your compensation is to demonstrate the truck driver’s primary fault through evidence like witness statements, police reports, or traffic camera footage. Ideally, if you were completely blameless, you might recover all of your damages from the truck driver or their insurance company.

What Evidence Can Prove that a Truck Driver was Not Properly Trained?

Proving a truck driver lacked proper training can be a complex undertaking, but there are several key pieces of evidence that can help build your case:

• Driver Records: Check for inconsistencies in the driver’s CDL licensing, endorsements, or any violations on their record. Recent licensing or a lack of endorsements for the specific type of truck or cargo involved could be a red flag.
• Company Training Records: Look for any gaps in the company’s documented training provided to the driver. This could involve missing certifications, shortened training programs, or a lack of training certifications specific to the truck or situation (e.g., hauling hazardous materials).
• Driving Errors: Analyze the accident itself. Did the driver make mistakes indicative of a lack of knowledge or skill? This could include improper braking techniques, misjudging turns, or failing to secure cargo safely.
• Expert Witness Testimony: An expert in trucking safety regulations and training standards can analyze the evidence and provide an opinion on whether the driver’s actions were consistent with proper training.
• Black Box Data: Modern trucks often have data recorders capturing speed, braking, and other details. This data can be analyzed to see if the driver operated the vehicle within safe parameters.

Your legal team can help to gather this information. It’s important to note that this evidence is most effective when used by a skilled attorney specializing in truck accidents. They can navigate complex regulations and build a strong case to hold the trucking company liable for inadequate driver training.

What are Entry Level Truck Driver Training (ELDT) Requirements?

In its efforts to protect the public from inexperienced commercial drivers, the Federal Motor Carrier Safety Administration (FMCSA) established Entry-Level Driver Training (ELDT) requirements to ensure new commercial truck drivers receive proper training before hitting the road.

Which Commercial Drivers Need ELDT?

Individuals seeking a Class A or Class B CDL (Commercial Driver’s License) for the first time.

Drivers upgrading an existing Class B CDL to a Class A CDL.

Anyone obtaining a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time.

What Training Does ELDT Cover?

ELDT mandates a combination of theory (classroom) and behind-the-wheel (BTW) instruction delivered by a registered training provider on the FMCSA’s Training Provider Registry (TPR) [FMCSA Training Provider Registry].

Theory: The theory curriculum for commercial truck drivers encompasses a wide range of essential knowledge. This includes safe driving practices, ensuring drivers can navigate the roads skillfully and defensively. It also delves into the specific road rules and regulations that govern commercial vehicles, keeping drivers compliant and aware of their unique responsibilities on the road. Additionally, the curriculum covers vehicle inspection and maintenance, empowering drivers to identify potential problems and ensure their trucks are operating safely. Finally, it prepares drivers for handling emergencies, equipping them with the knowledge and skills to react calmly and effectively in unexpected situations.

Behind-the-wheel training: Behind-the-wheel training dives deep into practical skills crucial for commercial truck drivers. This hands-on experience focuses on maneuvering various truck sizes, mastering proper braking techniques in all conditions, and honing the ability to handle challenging road scenarios. There’s no mandated minimum number of hours for this training; instead, instructors assess each driver individually to ensure they achieve competency before receiving their CDL

Who is At Risk When Truck Drivers Are Not Properly Trained and Qualified?

The consequences of untrained truck drivers are dire, radiating outwards to impact everyone involved.

Improperly trained drivers face a greater risk of accidents and injuries. Unforeseen situations can lead to lost licenses, legal repercussions, and the end of a career.

Trucking companies can also suffer. Regulatory bodies can hit them with hefty fines for allowing untrained drivers on the road. Accidents can trigger lawsuits and ruin the company’s reputation, making it difficult to attract qualified drivers and clients.

Ultimately, the public faces the most risk. Untrained drivers increase the risk of accidents and large trucks can cause extensive damage and casualties. They can also lead to higher insurance rates for all trucking companies.

The Federal Motor Carrier Safety Administration (FMCSA) penalizes trucking companies that employ improperly trained drivers who cause accidents. These penalties can consist of fines, out-of-service orders, compliance reviews, and even license revocation. While the FMCSA may not directly punish the driver, they could still face repercussions from their employer or law enforcement.

In Georgia, Who Can be Liable When an Untrained Truck Driver Causes an Accident?

When an untrained driver causes an accident, liability can fall on the following:

• Truck Driver: The driver might be liable if it’s shown their actions directly caused the accident due to a lack of training.
• Trucking Company: The company is responsible for ensuring their drivers are properly trained. If the driver didn’t receive the necessary training and it resulted in an accident, the company could be liable for:
• Negligent Hiring: Failure to perform the proper background checks or verify the driver’s qualifications before hiring.
• Negligent Training: Inadequate training or a failure to address the driver’s specific needs for the type of truck or cargo involved.
• Pressure to Drive: A driver is pressured to operate the truck despite fatigue, illness, or exceeding safe driving hours.

In some cases, other parties could share liability for an accident. For example, if a faulty part on the truck contributed to the accident, the parts manufacturer or whoever serviced the vehicle could be held liable.

What Are Some Ways That Legal Liability Determined After an Accident?

Determining liability – informally known as fault or responsibility – involves an investigation that looks at things like:

The driver’s qualifications and training records.

The trucking company’s training programs, accident history, and driver oversight procedures.

The specific cause of the accident and how the driver’s lack of training played a role.

Any evidence of pressure on the driver from the company.

Consulting with an attorney specializing in truck accidents is crucial to navigate the complexities of these cases and identify who is liable for the damages. They can analyze the evidence and build a strong case to hold the responsible party accountable.

Will the Insurance Company still Pay for an Accident Caused by a Poorly Trained Driver?

Yes. It’s difficult for the insurance company to avoid paying in a trucking accident caused by a poorly trained driver.

Truck driver liability: The trucker’s insurance company is most likely on the hook for damages when a driver or trucking company’s negligence caused an accident.

Trucking company liability: If the trucking company knew or should have known about the driver’s inadequate training and hired them anyway, their insurance will usually be responsible for covering damages. This falls under negligent hiring.

Questions A Trucking Company May Have to Answer Following a Crash Caused by One of its Drivers:

Can you provide documentation of the driver’s training records? (Look for completion certificates and details of the training program)

Does your company have a documented training program for new drivers? (The program should be FMCSA-compliant)

Does your company offer ongoing training for experienced drivers?

Was the driver qualified and certified to operate the specific truck and haul the cargo involved in the accident?

Your attorney can use these questions along with evidence like the driver’s record, company training documents, and possible black box data from the truck to build a case for inadequate training.

Can Evidence of Inadequate Training of a Truck Driver Result in a Larger Settlement or Verdict?

Sometimes. Inadequate training of a truck driver can increase the amount of compensation awarded to victims of a truck accident, but it’s not a guarantee. The more egregious the violations of training or supervisory requirements by a trucking company toward its driver or drivers, the greater chance that a larger settlement or verdict may result from a truck accident lawsuit or claim.

Other contributing factors can also affect the amount of a trucking case settlement or jury award. For instance, if the driver was speeding or driving recklessly, the truck had mechanical problems, or the company was endorsing driving hours in excess of federal regulations, a Jury may have the option of awarding punitive damages.

Are Punitive Damages Awarded In Cases Where Negligent Training is Proven?

They can be. If the trucking company’s negligence regarding training or supervising its drivers was egregious, punitive damages might be awarded to punish the company and deter similar behavior in the future.