Unreliable and unqualified truck drivers can pose a serious risk of harm to others on the road. Since trucks are inherently difficult to drive as compared to smaller motor vehicles, truck drivers are required to go through rigorous training and obtain a Commercial Driving License (CDL). If you or someone close to you has been injured in an accident caused by a truck driver’s negligence, such as poor braking or an excessively wide turn, we can help. At Therman Law Offices, our Wheaton and Schaumburg truck accident lawyers can examine every part of your case, including checking to ensure that the driver went through the CDL licensing process, and help you pursue the compensation needed in your case.The Importance of CDL Licensing
Due to the risk of serious harm associated with truck accidents, drivers of large trucks are held to higher safety standards than drivers of ordinary vehicles. Commercial truck drivers are required to obtain a Commercial Driving License (CDL) before they can operate a commercial motor vehicle, which is defined as a truck or a tractor-trailer weighing more than 10,000 pounds. To obtain a CDL, a person must go through extensive training and a test.
Even with proper licensing, driver errors or carelessness can contribute to accidents. However, the risk of accidents significantly increases when a truck driver is poorly trained or does not have a proper CDL. As a result, trucking companies are required to make sure that their drivers have met the state and federal requirements for operating a big rig.
When a truck driver’s error, carelessness, or recklessness causes an accident and your resulting injuries, you will likely be able to recover compensation for your harm through a negligence claim. Negligence is a legal concept that is used to establish fault in the vast majority of personal injury cases. To establish that a truck driver was negligent, the plaintiff’s lawyer must demonstrate that the truck driver’s conduct deviated from the type of conduct that a prudent and sensible truck driver would have undertaken under the same or similar circumstances and that this improper conduct was a direct cause of the truck accident and the plaintiff’s injuries.
Violating a CDL licensing requirement could give rise to a negligence claim if it leads to an accident and harm to others. Since commercial truck drivers are required to act as prudent and sensible truck drivers in the same situation would have acted, failing to follow proper training regulations or obtain a valid CDL is negligent.
As mentioned earlier, trucking companies also have an obligation to ensure that they hire properly trained and licensed truck drivers. Thus, trucking companies may also be legally at fault for hiring drivers who have not met CDL licensing requirements. When a driver does not have a valid CDL, or the CDL has lapsed, the trucking company has failed to be in compliance with the law. In addition, trucking companies may be liable for negligent hiring if the circumstances show that the company knew or should have known that the driver was not properly trained or did not possess a CDL. At our firm, we understand how to preserve and investigate evidence after truck accidents that may have been caused by a trucking company’s failure to check a driver’s background and decision to hire someone who posed a threat to others on the road.Discuss Your Potential Claim with an Attorney in Schaumburg or Wheaton
Obtaining a CDL is not a right but a privilege that should be taken seriously. Truck drivers are supposed to drive with caution and do whatever they can to minimize the risk of accidents. If you or someone close to you suffered an injury due to a truck driver’s carelessness, error, or recklessness, you may be able to recover compensation for your harm. At Therman Law Offices, our attorneys can help you with all aspects of your claim and help you hold a negligent party accountable for their conduct. We assist victims in the areas around Wheaton, Schaumburg, Bloomingdale, Roselle, Carol Stream, Glendale Heights, Lombard, Villa Park, Addison, and Elmhurst. Call us today at 312-588-1900 or contact us online.