Trucking Accidents and Background Checks for Drivers

In North Carolina in 2018, about 3.3% of motor vehicle accidents involved some form of commercial vehicles. In the same year, about 6.5% of accidents where there was a fatality included commercial vehicles, along with about 2.8% of those where a person was injured. Driving can be dangerous for anyone, but there is a reason why drivers must pass a separate test to obtain a Commercial Driver’s License (CDL). Truckers simply must have a different set of skills in order to maneuver commercial vehicles.

There are many requirements to obtain a CDL and a job in the industry. This should include a background check on the applicant. Both schools and employers have the right to conduct a background check on their applicants and can use this information to either admit them to the school or hire them at will.

It is federally mandated by the Department of Homeland Security that drivers who are transporting hazardous materials are required to undergo a background check.

There are certain instances where a lack of a background check into an employee may come up when investigating who the at-fault party is in a collision. When a commercial vehicle is considered at-fault, their employer can be questioned to determine whether there was negligence in hiring the employee. Background checks, or a lack thereof, can figure into this part of the investigation. If no background check was run on an employee, and that employee is deemed unfit for the position during the investigation, the employer can be held liable.

What to do if you are involved in a motor vehicle accident with a commercial vehicle

The same procedures apply for those who have been involved in accidents that include a commercial vehicle as those who have been in any other motor vehicle accident. Ensure the safety or medical attention of everyone involved, notify the police, exchange information with the drivers involved, and document the accident. Then, contact an experienced Charlotte truck accident lawyer to learn about your options moving forward.

Suffering an injury in a trucking accident can lead to lasting injuries. What if the truck driver was never issued a background check before being hired? Can both the trucking company and the truck driver be held accountable? Schedule a consultation with an experienced Charlotte truck accident lawyer from Warren & Kallianos, PLLC today. Call our office at 704-377-7777 or complete a contact form to schedule a consultation.


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