We’ve all experienced the anxiety of feeling boxed in by the large, looming commercial trucks sharing our highways. Motorists in smaller vehicles are vulnerable to grave injuries in accidents with trucks that outweigh them by as much as 76,000 pounds. Washington drivers have to trust that those behind the wheels of these giant commercial vehicles are well-qualified, highly trained, and vigilantly alert.
Unfortunately, large truck accidents are on the rise, including in Washington where one study shows Washington as the state with the highest increase in heavy truck accidents between 2009-2017.
Many aspects of the freight and trucking industry can go wrong, resulting in an accident, but unqualified truck drivers are one of the biggest contributors to the growing problem. If you were injured in an accident, make sure to speak with an experienced truck accident lawyer in Everett for legal guidance and support.
Federal and State Requirements for Driving a Commercial Truck In Washington
Commercial trucks typically cross state lines, meaning trucking companies must follow federal regulations set in place by the Federal Motor Carrier Safety Administration (FMCSA), including for their hiring practices. Under 49.CFR 391.11, federal regulations state the following:
“Be at least 21 years of age and speak and read English satisfactorily to:
- Converse with the general public
- Understand traffic signs and signals
- Respond to official questions
- Make legible entries on reports and records
- Drive the vehicle safely
- Be physically qualified to perform all duties of a driver
- Have only one valid commercial motor vehicle operator’s license issued by one State or jurisdiction.
- Pass a driver’s road test or equivalent.
- Is not (otherwise) disqualified to drive a commercial motor vehicle”
In addition, trucking companies must require applicants to pass drug tests and perform routine random drug testing on all hired drivers.
Washington’s RCW 46.25.090 describes truck driver disqualification factors under state laws, including refusing drug testing, DUI arrests, leaving the scene of an accident, and other infractions.
What Types of Truck Accidents Are Caused by Unqualified Drivers?
Truck accidents are devastating scenes, especially since over 70% of injuries in truck accidents occur to those in smaller vehicles, not to the driver in the larger, heavier truck. Common types of truck accidents often attributed to unqualified or inexperienced drivers include the following:
- Rear-end collisions caused by tailgating or failing to account for a truck’s lengthy stopping distance
- Sideswipes due to unsafe lane changes and improper merging
- Tip-overs caused by speeding around curves
- Wide-turn accidents
- T-bone collisions due to failure to yield the right of way
- Collisions due to distracted driving
- Jackknife accidents caused by improper braking or trailer fishtailing
It takes skill and training to safely drive a large commercial truck.
Who Is Liable for Damages After a Washington Truck Accident Caused by an Unqualified Driver?
If a trucking company is negligent in their driver hiring, training, and monitoring practices, they are liable for an injury victim’s damages. Proving liability requires evidence of a trucking company’s negligent hiring practices. If the truck driver is an independent contractor who isn’t properly qualified to drive, they may be directly liable for an injury victim’s damages. Compensation for damages such as medical expenses, lost wages, and pain and suffering typically comes from the trucking company or driver’s liability insurance after the injury victim’s attorney shows compelling evidence of liability. This requires demonstrating that the at-fault party owed a duty of care to others on the road, they breached this duty through negligence, their negligent breach of duty directly caused the accident and injuries, and the injury victim suffered damages.
How Can a Washington Truck Accident Lawyer Help?
Trucking companies and their powerful insurers commonly delay, dispute, or deny injury claims. It takes an experienced Everett injury attorney to document evidence that a truck driver lacked adequate qualifications and make the most compelling claim for compensation possible. Contact Wells Trumbull for a results-oriented approach to maximize the compensation you recover after a truck accident.