Understanding Tractor Trailer Driver Qualifications: What to Know If You’ve Been in a Tractor Trailer Accident
If you’ve been in a tractor trailer accident, you may wonder whether the driver of the tractor trailer had the necessary commercial driver’s license and was qualified to be driving a large truck in the first place. Federal regulations require trucking companies to get certain background information on drivers before they hire them. Here’s how trucking companies determine if a driver is qualified to drive on Virginia’s and West Virginia’s roadways:
Minimum Qualifications for Commercial Driver’s License
According to federal regulations, a tractor trailer driver may be qualified to operate a commercial vehicle if the driver is:
- at least 21 years old
- can read and understand English
- has enough experience or training to safely operate a commercial vehicle
- has the physical capacity to safely operate a commercial vehicle
- has completed a driver’s application listing any and all prior moving violations and accidents
- has a commercial driver’s license (CDL) or has successfully completed a road test
- has a high school diploma or equivalent (GED)
- has obtained a Commercial Learner’s Permit (CLP) as a first step towards obtaining a CDL
CDL Training and Education
CDL training and education are essential for becoming a professional truck driver. To obtain a Commercial Driver’s License (CDL), you must complete a CDL training program approved by the Federal Motor Carrier Safety Administration (FMCSA). These programs are offered at truck driving schools and community colleges across the country.
A typical CDL training program includes both classroom and behind-the-wheel instruction. In the classroom, truck drivers learn about federal regulations, safety procedures, and vehicle maintenance. Behind the wheel, drivers practice driving a tractor trailer and learning how to maneuver the vehicle safely.
In addition to CDL training, many trucking companies require their drivers to have a high school diploma or equivalent. Some companies may also require a clean driving record proof and a certain number of hours of driving experience.
Physical and Medical Requirements
To become a truck driver, one must meet certain physical and medical requirements. These requirements are in place to ensure that the driver can safely operate a commercial vehicle.
Physical requirements for obtaining a CDL include passing a physical exam and providing proof of medical certification. The physical exam assesses the truck driver’s vision, hearing, and overall health. The truck driver must also provide proof of medical certification, which includes a medical examiner’s certificate.
In addition to the physical exam, the truck driver must also meet certain medical requirements. For example, the driver must not have any medical conditions that could impair their ability to drive safely, such as epilepsy or high blood pressure.
Background Checks, Moving Violations, and Clean Driving Record Proof
Most states have adopted federal regulations that require trucking companies to use background checks to thoroughly investigate their drivers. Under these regulations, a driver who applies for a job with a trucking company has to complete an application which lists all moving violations in the past 3 years and also listing all trucking companies he/she has worked for in the past 10 years.
Given the high demand for truck drivers, with approximately 260,000 new job openings each year, it is crucial for trucking companies to thoroughly vet their drivers. This is especially important for long haul truck drivers, who must adhere to specific federal regulations and obtain necessary endorsements for various types of vehicles.
After a trucking company hires a driver, the company must contact each of the driver’s former employers within 30 days. Federal regulations require that trucking companies get employment verification, a list of all accidents, and alcohol or controlled substance violations from each of the previous trucking employers. The prior employers are required to provide this information. The company also has to obtain a moving violations report (MVR) from all states where the driver has held a license in the last 3 years.
Road Test
In addition to all the required background checks, trucking companies must all have all new drivers take road tests to determine their ability to operate a commercial vehicle. Before taking the road test, drivers must obtain a Commercial Learner’s Permit (CLP), which allows them to practice driving under supervision. Or, if the driver has a CDL (commercial drivers license) which requires him or her to pass a road test as part of its licensure requirements, a driving test may not be needed. The road test examines a driver’s skill level in these areas:
- performing pre-trip inspections
- operating the commercial vehicle in traffic
- using controls and emergency equipment
- turning the vehicle
- braking and slowing the vehicle
- backing and parking the vehicle
Essential Truck Driver Skills
To be a successful truck driver, you need to possess certain skills and qualities. These include:
- Good communication skills: As a truck driver, you’ll need to communicate effectively with dispatchers, other drivers, and customers.
- Time management skills: You’ll need to manage your time effectively to ensure that you arrive at your destination on schedule.
- Navigation skills: You’ll need to be able to navigate through unfamiliar areas and find your way to your destination.
- Mechanical skills: You’ll need to have basic mechanical skills to perform routine maintenance on your vehicle.
- Safety skills: You’ll need to be aware of safety procedures and protocols to ensure that you and others are safe on the road.
Identifying Red Flags
There are several red flags that can impact a tractor trailer company’s safety and success on the job. Here are some key areas to watch out for:
- Inadequate Training of their tractor trailer drivers:
- Lack of basic mechanical knowledge can lead to decreased safety and overall increased maintenance costs.
Safety Violations
- A history of safety violations, such as reckless driving or failure to follow regulations, can be a significant red flag.
Inadequate Training by the Tractor Trailer Company
- Inadequate training can put the tractor trailer driver and others at risk on the road.
- Look for companies that offer comprehensive training programs, including CDL training and ongoing education on safety procedures and regulations.
- Ask about the company’s training program and what kind of support they offer to new drivers.
Disqualifications
A commercial vehicle driver can be disqualified for certain time periods for having serious traffic violations. Traffic accidents are a significant factor in disqualifications, as they can indicate a pattern of unsafe driving behavior. A driver can be disqualified for a period of 60 days for a 2nd conviction (or a combination of 2 offenses) within a 3 year period for the following:
- speeding in excess of 15 mph over the speed limit
- driving recklessly
- making erratic or improper lane changes
- following another vehicle too closely
- violating a vehicular law which causes a fatal accident
- texting while driving
- driving a commercial vehicle without a CDL
Even though this list is not exhaustive, these are some of the qualifications and disqualifications for a tractor trailer driver. If a driver is convicted of DUI/DWI or leaving the scene of an accident while driving any type of vehicle (even non-commercial), that driver can lose their license for a year.
If you’ve been injured in an accident with a large truck or tractor trailer, you might be contacted by the trucking company’s insurance representative very quickly. Sometimes, insurance companies will try to call you as soon as the day after the accident. Before you talk to any insurance company, you should get the advice of an experienced truck accident lawyer. Most lawyers will give you a free consultation to talk about what you might be entitled to receive. At the Ritchie Law Firm, you can talk to an experienced truck accident lawyer for free . . . NO STRINGS ATTACHED!!
Whether the insurance company contacts you quickly or not, the faster you seek legal advice from a lawyer who knows truck accidents, the better. With a tractor trailer crash, prompt investigation is critical to successfully recovering money damages in your case. Because accidents involving tractor trailers are devastating, making sure that things like skid mark measurements and impact marks are preserved is often essential to a good recovery.
Experienced Tractor Trailer Accident Lawyers
If you’ve been involved in a tractor trailer accident, it’s essential to seek the help of experienced lawyers who understand the complexities of these cases. Here are some key things to look for in a lawyer:
- Experience handling tractor trailer accident cases
- Knowledge of federal and state regulations governing the trucking industry
- A strong track record of success in securing compensation for clients
- A commitment to providing personalized attention and support throughout the legal process
By doing your research and identifying potential red flags, you can make informed decisions about your career as a tractor trailer driver and protect yourself and others on the road.
Experienced Tractor Trailer Drivers Accident Lawyers
The five lawyers at the Ritchie Law Firm have more 145 years of combined experienced handling truck accident cases. See our tractor trailer accident Case Results here. Throughout the half century history of the Ritchie Law Firm, our lawyers have handled thousands of devastating crash cases involving serious and complex injuries such as spinal cord injuries, traumatic brain injuries, internal organ damage, multiple bone fractures, and even death.
You should not have to bear the financial burden of a wreck that was caused by a negligent truck driver. Accidents involving tractor trailers are devastating. At the Ritchie Law Firm, we can help you hold the other driver accountable and help you get the compensation you need to pay your bills and recover.
Talk with a Virginia and West Virginia Accident Lawyer
If you or a loved one suffered significant injuries in a truck or tractor trailer accident in Virginia, Ritchie Law Firm is here to help. The experienced, certified attorneys at the Ritchie Law Firm has helped thousands of injured victims and their families recover the compensation they deserve after an accident.
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Ritchie Law Firm is a personal injury law firm devoted to helping individuals who have suffered serious and catastrophic injuries or lost a loved one as a result of someone else’s negligence. Ritchie Law Firm serves all of Virginia, while helping clients in cities and surrounding areas of Harrisonburg, Charlottesville, Staunton, and Winchester also serves clients in West Virginia, including Martinsburg, WV.
