More than 39 million semi trucks hit USA roads to ferry goods across different states. Due to these vehicles’ massive size and weight, operators must undergo specialised training. After the training, an independent oversight body issues the drivers’ commercial driving licenses after passing exams.
Even though trucks are helpful, they could cause catastrophic damage, injuries, and fatalities when they cause accidents. One of the causes of these accidents is driver inexperience, which this blog discusses.
What Training Does a Truck Driver Require?
Driving a commercial truck requires specialized training and certifications due to the potential hazards of operating such large vehicles. The foundational step for anyone aiming to drive a commercial vehicle professionally is obtaining a Commercial Driver’s License (CDL), which is mandated by the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation.
Entry-Level Driver Training (ELDT)
The FMCSA has instituted Entry-Level Driver Training (ELDT) regulations, setting the minimum federal requirements for training new drivers. This training is mandatory before taking specific CDL skills or knowledge tests.
ELDT covers a broad curriculum, including theory and driving instructions, across categories like Class A and B CDLs, passenger vehicles, school buses, and hazardous materials. The training ensures entry-level drivers possess the necessary knowledge and skills to safely operate CMVs, emphasizing driving safety, vehicle inspection, and service hours.
Commercial Learner’s Permit (CLP)
The process begins with obtaining a Commercial Learner’s Permit (CLP), allowing the holder to practice driving on public roads under the supervision of a qualified CDL holder. Applicants must pass knowledge tests relevant to the type of vehicle they wish to drive and meet medical and residency requirements. Holding a CLP is a prerequisite to completing the ELDT.
Truck Driver Laws
Houston, Texas, operates under federal and state regulations designed to ensure the safety and compliance of truck drivers on the road.
Federal Regulations
The FMCSA sets forth regulations that include strict guidelines on driver qualifications, physical requirements, routine inspections, and truck maintenance. Key aspects of these regulations include the necessity for drivers to be at least 21 years old, possess a valid and up-to-date commercial driver’s license (CDL), and have the ability to speak and understand English.
The FMCSA also mandates regular medical exams to ensure drivers are physically capable of handling their duties and enforces minimum liability insurance requirements for drivers and their employing companies.
Texas-Specific Regulations
Texas aligns closely with federal guidelines but has its own regulations that complement the federal laws, particularly focusing on driver hours and vehicle safety standards. The state mandates that drivers must have eight consecutive hours off duty before beginning a driving shift, with a cap on being on duty for 15 consecutive hours and a driving limit of 12 hours at a time. Moreover, the Texas Department of Public Safety (TxDPS) oversees additional regulations related to vehicle safety features, driver licensing based on vehicle class, and transporting hazardous materials.
Technological Advances
Recent updates from FMCSA also focus on integrating technology in commercial vehicles, such as Automatic Emergency Braking (AEB) systems and Automated Driving Systems (ADS), to further enhance road safety. These advancements are expected to play a significant role in reducing accidents and improving the overall safety of commercial trucking.
Responsibility of Trucking Companies
Trucking companies are responsible for not just the logistical aspects of transporting goods but also for adhering to many regulations designed to safeguard their drivers, the public, and the environment.
Hiring Practices and Training
Trucking companies are responsible for hiring qualified drivers with CDLs. This includes conducting thorough background checks to ensure prospective drivers do not have a history of traffic violations or other issues that could pose a safety risk. Moreover, companies must provide adequate training for drivers to operate their vehicles safely and comply with federal and state regulations.
Vehicle Maintenance and Safety
This involves regular inspections, repairs, and preventive maintenance to ensure all vehicles operate safely before hitting the road. The FMCSA sets forth specific guidelines regarding vehicle maintenance, and companies must adhere to these standards to avoid penalties and reduce the risk of accidents due to mechanical failures.
Liability in Truck Accident Cases
Determining liability after a truck accident depends on the multiple parties involved and the regulations of the trucking industry. In these cases, liability can extend to the truck driver, the trucking company, manufacturers of trucking parts, or even governmental entities responsible for road maintenance. You should contact a Houston truck accident lawyer to help investigate your case and gather the necessary documents.
Truck drivers can be held liable if their negligence contributed to an accident. This can include violations of hours of service regulations leading to driver fatigue, distracted driving, speeding, or operating a vehicle under the influence of drugs or alcohol.
Trucking companies can also be held liable for accidents, particularly if they fail to comply with regulations related to driver training, vehicle maintenance, or ensuring their drivers adhere to hours of service regulations. Companies may be found negligent if they did not properly vet their drivers’ qualifications or if they encouraged or coerced drivers to flout safety regulations to meet delivery deadlines.
In some cases, the manufacturer of the truck or its parts can be held liable if a defect contributed to the accident. This can include faulty brakes, tire failures, or defective safety equipment. Victims of truck accidents must prove that the defect was present and that it directly contributed to the accident’s occurrence.
Governmental entities may be liable if poor road conditions or inadequate signage contributed to a truck accident. However, suing a governmental body involves specific procedures and limitations, such as shorter filing deadlines and immunity in certain situations.
If you or a loved one have been involved in a trucking accident, don’t navigate the aftermath alone. Contact a knowledgeable Houston truck accident lawyer to explore your options and ensure your rights are protected.