Commercial Truck Driver Responsibilities
It may seem overly obvious to say that the person most important to injury claims and litigation for truck accidents is the truck driver. Still, the statement’s relevance becomes more apparent when considering the breadth and depth of truck driver responsibilities.
Truck drivers are professionals with highly specialized training entrusted with the safe operation of massive vehicles that can pose clear dangers to others on our roadways if not operated properly. That’s why laws require training and specialized licensing for truck drivers. A review of truck drivers’ responsibilities and whether they were met in a particular truck accident situation are key investigation points for an experienced personal injury attorney.
Truck Driver Responsibilities
While not all big rig accidents are caused by truck drivers — liability may rest instead or in addition with the commercial trucking company that employed the driver, with those who maintained and prepared the truck and its load, or even with other drivers on the road — considering the driver’s duties and whether they were met in the particular incident is an important place to begin the personal injury claim investigation. The formal responsibilities of truck drivers are spelled out in federal and state law, as well as the policies and procedures of the trucking company that employs the driver. Truck driver duties fall into several categories, including:
- Training and Licensing
- Inspecting and Operating the Truck
- Keeping Records and Making Reports
- Being Familiar with the Truck and Equipment
Reviewing these categories of truck driver duties and determining if a driver’s actions were lacking is vital to investigating and developing a personal injury claim stemming from a truck accident.
Truck Driver Training and Licensing
A truck driver applying for employment with a trucking carrier must present proof of qualifications to the prospective employer (and the employer must verify them). The qualifications are generally spelled out in the Federal Motor Carrier Safety Regulations and any additional qualifications required by the state that has issued the driver’s commercial vehicle driver’s license. The reports of physical examination and screening for drugs required by the Department of Transportation must be included in the driver’s application and file, along with the commercial driver’s license itself.
The truck driver is also responsible for providing evidence of familiarity with the vehicle or vehicles the employer will expect them to operate, as well as prior employment history and experience. Prior accidents, citations, legal or regulatory violations, and/or convictions must be revealed by the driver and documented by the employer.
Finally, the driver must exhibit familiarity with the federal regulations applicable to the particular job tasks, and the prospective employer must verify the driver has the required skills by performing a formal road test.
Inspecting and Operating the Truck
The truck driver’s job involves much more than just driving a truck. Federal regulations require that they inspect their truck before and after their trips and identify any mechanical problems or other safety issues they discover. They are obligated to report what they find and to not operate a truck with safety problems that have not been fixed. For the trip itself, the driver must plan a route that safely accounts for things like low overpasses that will not accommodate the truck and trailer’s height, roads that may be too narrow, steep, or winding to be safely driven, and local roads from which trucks have been banned.
The truck driver’s trip plan must also account for rest breaks and longer stops required by the stringent service hours limitations designed to protect against driver fatigue and the dangers it presents. As may be needed, the driver should also plan other stops for fuel, meals, etc. Although truck drivers don’t typically load their trucks, they are responsible for inspecting and verifying that the loads have been properly placed and secured so that the vehicle remains properly balanced for safe operation and that the loads aren’t able to shift and move as the truck stops, starts, and turns. The truck driver is responsible for safely and adequately operating the truck and trailer. In addition to the traffic and safety laws that apply to all drivers on the road, truck drivers must also be familiar with and follow federal regulations and state laws specifically for trucks related to things like:
- Railroad crossings.
- Road limitations or closures due to weather.
- Transporting hazardous materials.
- Use proper visibility markers — flashers, flares, and other warning devices — after emergencies such as accidents or mechanical breakdowns.
Most importantly, truck drivers must monitor their physical and mental status and not operate their vehicles when they are ill, inebriated, or too fatigued to drive safely.
Keeping Records, Maintaining a Log of Truck Driver Hours, and Making Reports
In addition to presenting qualifications, licenses, and prior work and driving histories to their employers, truck drivers must also record and report on many items described above. They must log their driving hours and report this to their employers. They must keep a copy of that log with them for their prior week’s driving time whenever they are on the road. Truck drivers must maintain the documentation for their vehicle and current load to be presented at inspection stations. They must provide copies of their pre-trip and post-trip inspection reports to their employers so that tractors or trailers with mechanical or other safety problems can be taken out of service until the problems are fixed.
Many trucking companies will also have policies and procedures requiring record keeping above and beyond what may be required by federal and state regulations. Truck drivers are obligated to keep and report these records as required by their employers and follow any employer reporting requirements when incidents such as accidents, mechanical problems, load problems, or other out-of-the-ordinary issues arise.
Familiarity with Truck and Equipment
Many truck drivers will begin their careers by attending a truck driving school. These schools will teach future drivers the basics of operating their equipment safely and meeting the federal and state requirements for issuing a commercial license. While these schools will cover the standard requirements for truck driving, inspections, reporting, meeting driving time rules, etc., they do not provide specialized training on each and every type of truck, tractor, or trailer that drivers may be expected to operate during their careers.
The truck driver is responsible for acquiring familiarity with these pieces of equipment and their employer’s responsibility to verify that the drivers have done so. A box truck is much different from a tractor-trailer rig, and neither is like a garbage truck. Even within a particular class of truck, the controls the driver is expected to safely operate may differ between two trucks that look visually identical from the outside.
The truck driver has to acquire familiarity and experience with the specific vehicles and equipment their employers expect them to operate, and the employer should verify this has been done.
Relevance to Personal Injury Claims and Litigation
When an experienced personal injury attorney begins to review a truck accident incident for a client, the truck driver involved in the accident is the primary focus of an investigation. Was the driver properly trained, qualified, and licensed? Did the driver inspect and operate the truck safely during its trip? Was the driver documenting and reporting both routine items and noted problems related to either the truck or themselves? Did the driver have appropriate familiarity with the particular truck, trailer, and other equipment they were operating on the day of the accident? If the answer to these questions is “No,” they may point directly to liability for the personal injuries caused and a need for further and more detailed investigation.
View this video that describes the complex rules and reporting requirements for truck drivers “hours of service,” designed to keep overly fatigued truck drivers off the road:
California Truck Accident Attorneys in Sacramento
Hello, my name is Ed Smith, and I am a California Truck Accident Lawyer in Sacramento. An experienced personal injury attorney will understand it is crucial to investigate the training, driving history, and employment history of a truck driver who may have caused a truck accident and personal injuries. If you or a member of your family has been injured due to a truck accident, please contact us today at (916) 921-6400 or (800) 404-5400 for free, friendly advice. You can also reach us through our online contact form.
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Image by Monika Neumann from Pixabay.
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