In order to operate a commercial tractor-trailer in the state of New York, you must meet strictly enforced licensing requirements, obtain appropriate insurance coverage, and typically pass some kind of background check as well. Unfortunately, there are many more examples than most people expect of trucking companies failing to do their due diligence on people they hire to drive for them, sometimes to the point that drivers with multiple traffic convictions end up operating massive semi-trucks around vulnerable passenger cars.
If you were recently injured in a traffic collision caused by a poorly screened driver in New York, you might have grounds to seek civil compensation not only from that driver but also from the company they were working for at the time of the wreck. To get a favorable result from this sort of claim, though, you will almost certainly need support from a capable truck accident negligence attorney who has handled cases like this successfully in the past.
Basic Requirements for Truck Drivers in New York
In order to obtain a Class A commercial driver’s license (CDL) and lawfully operate a tractor-trailer in the state of New York, prospective drivers must be at least 18 years old—or 21 years old if they intend to drive out of state and/or transport hazardous materials—with a valid CDL learner’s permit and a valid driver’s license issued in New York. They must also be able to provide proof of vehicle registration, pass a knowledge and road skills test, and be accompanied while traveling to the test site in a vehicle of the class they intend to drive by someone over the age of 21 who already has a valid Class A CDL in New York.
Perhaps most significantly, truck drivers must meet New York State’s requirements for liability insurance coverage. For the transportation of general freight, the New York State requirement is $750,000 in liability coverage, just like the requirement set by the Federal Motor Carrier Safety Administration (FMCSA) for interstate travel. However, transportation of certain types of material may require more extensive insurance coverage, as a New York attorney experienced with handling truck crashes caused by poorly screened drivers can explain in more detail.
Who Is Liable for a Wreck Caused by a Poorly Screened Driver?
Of course, if a truck driver causes an auto accident in New York by doing something reckless or careless behind the wheel, they can be held directly liable for that crash’s consequences regardless of whether or not they were screened properly for their job. That said, trucking companies can often be held “vicariously liable” for harm caused by an employee of theirs who was negligent while operating one of their trucks and/or transporting cargo for that company.
Additionally, trucking companies can sometimes be held civilly liable for the actions of an “independent contractor” transporting cargo on their behalf—if they demonstrably failed to screen that driver properly before allowing them to work for them. A qualified legal professional can help establish what may or may not be possible in a specific situation during a private initial meeting.
A New York Attorney Can Help Take Action Over a Poorly Screened Driver
You have a right to expect that anyone working professionally as a commercial truck driver will be properly screened and trained before being allowed to drive a semi-truck on public roads. If that right has been violated, you also may have standing to demand financial restitution for every negative effect you have suffered from an ensuing traffic accident with that poorly screened driver in New York.
Rather than trying to pursue a claim like this alone, though, you should strongly consider working for a knowledgeable truck accident attorney who can provide custom-tailored support throughout every stage of the legal process. Call today for a consultation.