Direct Negligence of an 18-Wheeler Operator
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Direct Negligence of an 18-Wheeler Operator
A truck company can be found directly negligent in an accident if it negligently hired the driver of its truck, failed to ensure that the truck driver was properly licensed, negligently entrusted the truck driver with the truck, failed to properly instruct the truck driver on the safe use of the truck in terms of loading, unloading, and driving, and for negligent maintenance of the truck as well as for failing to have truck properly equipped. More about our Austin Truck Accident Lawyer here
The trucking company has a “non-delegable duty,” i.e., a duty it cannot pass on to anyone else, to use reasonable care to equip and maintain the truck in compliance with the law. The truck must be equipped as required by statute and as is necessary for safe operation and must be maintained in a reasonably safe running condition. Failure to equip or maintain a truck as required by law gives rise to a presumption of negligence. No person can operate a commercial motor vehicle without a special driver’s license and without passing a special examination. A commercial truck driver who is convicted of any offense involving the safe operation of a truck or has his or her license or privileges suspended, revoked, or canceled, must notify the employer within 30 days. More on this Web-Page
Under the law, no person may be issued a commercial driver’s license until passing a written and driving test for the operation of a commercial motor vehicle that complies with the minimum Federal standards. Further, until a truck driver passes […]