Do Trucking Companies Check the Drivers’ Licenses and Driving Status of Their Drivers?
Federal regulations require that trucking companies check employees driving records and references on their resume. When they do not, they are subjected to liability.
49CFR391.23 imposes an obligation and duty on intrastate trucking companies to carry out this function.
Intrastate trucking states vary on their requirements to check drivers, but California requires drivers check be performed. Furthermore, it is very helpful to have expert testimony on the customary practice of responsible trucking companies when checking for driver licenses, past accidents, uses of drugs and other conditions the driver may have which pose a danger to the public.
As I recently wrote about in one instance where a driver had a prior drug record, successful litigation of truck accidents include an exploration of the driver’s background and history, and the policies, procedures and actual effort on the part of the trucking company to validate this driver’s past behavior.
In order to keep our roads safe, laws are in place to protect you, but time and again we see trucking companies avoiding those laws by not carrying out their duty. Contact us if you think you have been involved in an accident with a truck and the driver bears some responsibility.
by James E. Ballidis
James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for over 35 years.
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