Tractor trailers are involved in over 450,000.00 accidents per year resulting in over 100,000 injuries and 4,500 deaths. Truck accidents share some
characteristics of car accidents but also have their own set of issues and concerns. Issues including driver fatigue, the manner in which the truck or trailer was loaded, the condition of the roadway and the weather at the time the collision must be considered. This section addresses some of the issues unique to truck accident cases, the regulation of truck drivers and the concerns a lawyer must have when evaluating a truck accident case.


Was the Driver Qualified?

The United States code sets certain minimum standards an employer must follow when hiring a new truck driver. The potential employer must contact the employer who employed the driver during the preceding three years to obtain the general employment file, information regarding accidents and any information regarding the driver's drug/alcohol use or
rehabilitation. The employer may be responsible for an accident if an unqualified driver was hired and an inadequate examination of the driver's history was undertaken.

Part of the hiring process involves a physical examination of the driver by a qualified medical professional. The driver must undergo a physical examination to determine whether he is fit to operate a commercial vehicle. The Department of Transportation requires that truck drivers have a physical exam every two years to renew their license. A driver with a chronic medical condition may be allowed to drive if he is able to provide evidence that he is capable of driving a tractor trailer. No discretion is provided to a medical examiner to certify someone with significant vision, hearing, insulin dependent diabetes or epilepsy to operate a truck. If a driver has a significant medical condition which impairs his ability to operate a truck the employer may bear fault for an accident caused by the condition which the employer knew or should have known of. The steps taken by the employer in this regard must be evaluated if there is concern that a medical condition made operation of the vehicle dangerous for the public.

The Code of Federal Regulations requires that certain drivers have a commercial driver's license to operate a vehicle. A commercial driver's license is required if the vehicle weighs more than 26,000 pounds, is designed to carry more than 16 passengers including the driver or is used to transport hazardous materials. The licensure of the driver involved in an accident should be investigated.

Truck drivers must be at least 21 years old (18 in Illinois), speak English and be physically able to safely drive the truck. The driver must have a commercial driver's license (depending upon the load), and must not have been disqualified for driving under the influence of alcohol or refusing to take an alcohol test. The physical qualifications outlined above must also be met. The driver must also pass a road test using the same type of vehicle they will operate.

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