Why Do Trucking Companies Hire Disqualified Drivers?

The size and weight of commercial trucks mean that in the hands of an unqualified driver, they can become dangerous or even deadly on the road. This is why the Federal Motor Carrier Safety Administration (FMCSA) and state agencies like the Virginia Department of Motor Vehicles (DMV) regulate commercial trucks on Virginia’s roads and highways.

Still, no amount of federal or state regulations can stop trucking companies from employing unqualified drivers.

How many of these unqualified truck drivers are on Virginia’s roads is hard to say, but it is a certainty that they are out there. If one of them contributes to a truck-car accident, then the result can be serious injury or death to the unfortunate driver and other occupants of the passenger vehicle they collide with.

The Phelan Petty Injury Lawyers law firm represents clients in Richmond and the state of Virginia who have been harmed in truck-car collisions, including personal injury, property damage, and wrongful death claims. In this blog post, we cover how and why trucking companies hire unqualified drivers, and what your legal remedies may be if you or a loved one is involved in an accident with an unqualified truck driver.

To learn more or to schedule a free consultation with one of our truck accident lawyers, call us today.

What disqualifies a commercial truck driver?

Drivers can become disqualified from driving a commercial truck for several reasons. Most of these disqualifications fall under four general categories: medical disqualifications, safety-related disqualifications, administrative disqualifications, and criminal law-related disqualifications.

Medical disqualifications

All drivers who have commercial driving licenses must pass a medical examination and have a current medical certificate. Drivers who have medical conditions that can affect their ability to operate a truck risk losing their licenses.

Some medical conditions that can lead to the loss of a commercial driver’s license include:

• Seizures, like epilepsy.
• Vision or hearing problems.
• Diabetes (with exceptions).

Safety-related disqualifications

Commercial truck drivers have responsibilities to comply with federal and state safety regulations, like observing limits on the number of hours they can drive and keeping their trucks in safe working order. The failure of a truck driver to observe safety requirements can lead to being disqualified from driving with a commercial driver’s license.

Administrative disqualifications

Commercial drivers’ licenses are subject to requirements like periodic renewals, updating personal information when it changes, and maintaining the necessary endorsements for the kind of vehicle the driver is operating.

Criminal law-related disqualifications

Sometimes, a truck driver can become disqualified if the driver uses a commercial driver’s license during the commission of a crime like fraud, obtaining employment under false pretenses, or transporting illegal substances.

Serious offenses like reckless driving, leaving the scene of an accident, and driving under the influence of drugs or alcohol, or failing a drug test, can also lead to driver disqualification.

Driver disqualification categories

Truck drivers who become disqualified to drive are subject to varying levels of disqualification under federal or state regulations. Federal regulations set the minimum standards of disqualification; states can impose the same or stricter standards than the federal regulations.

Under Virginia DMV regulations for commercial motor vehicles, the following kinds of disqualifications are possible.

One-year disqualification for major violations

A one-year disqualification can result for offenses including:

• Driving with a blood alcohol content (BAC) of 0.04% or higher.
• Driving under the influence of alcohol or drugs.
• Refusing to submit to a blood or breath test.
• Failing to stop after an accident that causes injury or death.
• Using a commercial motor vehicle to commit a felony.
• Making a false statement on a commercial driver’s license application.

Any of the offenses above that happen while the truck is transporting hazardous materials results in the disqualification increasing to three years.

A second conviction for any of the violations above, or a conviction for using a commercial motor vehicle in the manufacture or illegal distribution of drugs, results in a lifetime disqualification.

Disqualification for serious offenses

Serious violations can lead to disqualification even if they occur while operating a non-commercial vehicle. These include:

• Texting while operating a commercial motor vehicle.
• Speeding 15 miles per hour or more above the speed limit.
• Reckless driving.
• Improper or erratic lane changes.
• Following too closely.
• A moving violation related to a fatal crash.
• Driving without a commercial driver’s license, or driving without the license in immediate possession, or operating a vehicle without the proper license class or endorsements.

Out-of-service order disqualifications

A first conviction for violating an out-of-service order can result in a 180-day disqualification. This increases for the second and subsequent convictions of violating out-of-service orders.

Railroad crossing violations

Railroad crossing violations will result in a 60-day disqualification for a first offense, a 120-day disqualification for a second offense committed within three years, and a one-year disqualification for a third offense committed within three years.

Vehicle inspection violations

Federal and state laws require drivers to inspect their vehicles before every trip. If a federal or Virginia state inspector finds that a commercial motor vehicle is unsafe, then the inspector can put it out of service until the problem is fixed. Conviction for violating an out-of-service order will result in the disqualification of a truck driver’s commercial driver’s license.

Why do trucking companies hire disqualified drivers?

Trucking companies may hire disqualified drivers for any of multiple reasons. Two common excuses are shortages of drivers and prioritizing operational efficiency and profit over safety.

Companies may also hire drivers who were subject to disqualification but whose periods of disqualification have passed.

In other situations, a disqualified truck driver may attempt to circumvent company hiring practices to slip through by using forged or falsified driving records, using third-party contractors with lax hiring standards, or signing on as an out-of-state hire.

Trucking company liability for hiring disqualified drivers

If a company hires a disqualified driver as an employee, and that driver causes harm to others, then the trucking company can be subject to two kinds of liability: agency liability if the driver was acting in the capacity of the trucking company’s employee at the time of a truck accident, or negligent hiring.

Negligent hiring is based on the responsibility of a trucking company to conduct thorough background checks to avoid hiring unsafe drivers. They can be liable for damages if they fail to conduct this test or knowingly hire an unsafe truck driver.

Although negligent hiring generally applies to employees, Virginia courts may still impose liability on a company for an independent contractor’s acts if the company knew or should have known the contractor was unfit or posed an unreasonable risk.

In addition to negligent hiring, trucking companies are also responsible under FMCSA and state regulations to ensure that their drivers are adequately trained and supervised. The failure to adhere to these responsibilities is possible evidence of the trucking company’s negligence that can make it liable if an unqualified driver gets into a truck accident with you.

 What can you do if an unqualified truck driver injures you?

If you are involved in an accident with a truck, and you are still physically capable of doing so, here are some actions you can take to help preserve your ability to make a personal injury claim against the driver, the trucking company, or both.

1. Call the police to report the accident.
2. If the truck has a telephone number to call – like one of those “How’s My Driving” numbers – then call that number to report the accident.
3. Exchange required information with the driver.
4. If any witnesses saw the accident, obtain their contact information so your personal injury lawyer can follow up with them and get witness statements.
5. If you can, take photos of the vehicles involved and the accident scene.
6. As soon as you can, see a doctor. Do this even if you do not believe you have been injured at the time of the accident; sometimes soft tissue injuries do not manifest symptoms right away.
7. Consult with a personal injury attorney. If possible, do this before you speak with any insurance claims adjusters or other insurance company representatives.

The last step above is important because insurance companies for the trucking company and other potential defendants in a personal injury lawsuit will attempt to minimize or even deny your claims under their policies.

These adjusters are experienced, savvy negotiators who can use subtle tactics to try to get you to make a statement against your own interest, or they may tempt you with a quick settlement offer that is for less than the compensation you really need and deserve to pay for your medical costs and property damage.

Have you been injured in a Virginia truck accident?

Having an experienced truck accident lawyer on your side can even the odds for you in settlement negotiations with insurance companies and defense attorneys for the trucking company and other defendants.

Phelan Petty Injury Lawyers can help you to find all the potentially liable parties in your claim and gather evidence to support your claims against them. In addition to making sure you are fairly represented in settlement negotiations, we can also gather the evidence needed to aggressively pursue a lawsuit in court if negotiations do not give you the fair compensation you deserve. We make sure your claims are filed on time in court, so they are not time-barred. And we can help put you in contact with medical professionals who can treat you for the specific kinds of harm you have suffered in the accident.

The physical, mental, and emotional harm you can experience from a collision with a commercial truck can be catastrophic, long-lasting, or even permanent. Your resulting losses in medical bills, lost wages, lost income earning potential, and property destruction or damage can be staggering to bear out of pocket and can exceed the policy value of insurance.

If you have lost an immediate family member because of a truck accident, you may still have legal claims in an action for wrongful death.

With so much at stake, it is extremely important to have the right legal representation as soon as possible. Call Phelan Law or reach out to us online to set up a free consultation.