Insufficient Training

We have extensive experience representing the victims of truck accidents, and proudly assist clients throughout Queens, the Bronx, Brooklyn, and in Nassau and Suffolk Counties.

Insufficient Truck Driver Training

Skilled Queens Accident Attorneys Provide Comprehensive Counsel

Although drivers of commercial trucks must pass more stringent tests to obtain their Commercial Driver’s License (CDL) than do drivers of ordinary passenger cars, that does not necessarily mean big rig operators are all proficient drivers. In many cases, just as with teenage drivers, accidents can be caused by drivers who are insufficiently trained or who lack the experience to deal with unexpected or unusual situations.

If you have been injured, or someone close to you has been killed, in a truck accident caused by a driver who lacked sufficient training, the knowledgeable Queens attorneys at The Cassisi Law Firm can help you. Call (718) 524-3398 today.

Not All Truck Drivers Have Had Sufficient Training to Operate Their Rigs Safely

Drivers of commercial trucks are required to have a valid CDL. Although CDLs are issued by state motor vehicle departments, drivers must meet not only state commercial truck driving standards but also federal standards. Moreover, commercial drivers often need to pass different kinds of tests depending upon the type of truck they will be driving; for example, to operate trucks transporting hazardous materials, trucks with double or triple trailers, or busloads full of people, a driver may need different certifications.

Every regulation governing commercial drivers has one purpose: to improve highway safety. Standards are intended to prevent unsafe drivers from getting on the road, and new regulations are continually imposed. Drivers must pass both written and road tests. However, no test can possibly determine whether a driver has sufficient training to deal with all road conditions or traffic situations, particularly when you consider that commercial trucking involves so many other factors besides knowing traffic rules or the special operating characteristics of a big rig. Truck drivers must also contend with fatigue, distractions, bad weather, unfamiliar roads, highways in poor condition, unbalanced loads, and even mechanical difficulties, such as brake failure.

When you add up all these factors, it is easy to see how an inadequately trained or inexperienced commercial truck driver can dramatically increase the risk of an accident happening. While it is true that there is no way for truck drivers to gain the necessary experience other than to operate these rigs, this in no way excuses a truck driver who lacks experience from fault if he has caused an accident through negligence.

In law, negligence is a specific claim that, if proven, creates liability for the party that has caused an accident.

In order for negligence to lie, a plaintiff who has suffered a personal injury must show four factors:

  • First, the defendant owed a duty of care to the plaintiff;
  • Second, the defendant breached that duty of care
  • Third, the breach was the proximate cause of an injury; and
  • Fourth, the plaintiff suffered damages.

When an inexperienced or insufficiently trained truck driver breaches his duty of care by failing to operate his rig in conformity with all traffic and commercial trucking laws—including making necessary inspections of his rig and its load, and meeting all rest-time requirements—or fails to make the appropriate decision in a traffic situation, he may be liable for any injuries resulting from an accident.

This is true even if another driver involved in the accident may be partially at fault. Under New York’s comparative fault rule, a plaintiff partially at fault for an accident may still recover damages, diminished only by the percentage of fault that he himself bears for the accident. Thus, if he bears 20% of the fault, his damage award will be reduced by 20%.

Call Us for a Consultation on Your Inexperienced Driver Truck Accident Case

If you have been injured, or someone you love has been killed, we at The Cassisi Law Firm can assist you. We have represented numerous truck accident victims in Queens and elsewhere in New York in both personal injury lawsuits and wrongful death lawsuits. In wrongful death cases, we represent the personal representatives of a deceased party’s estate when the death of an accident victim was caused by the wrongful act of a negligent defendant.

If you would like a free consultation to find out how we can help you, contact The Cassisi Law Firm at (718) 524-3398, or use our online form to set up an appointment.

Testimonials

    To this day, I am so grateful for attorney Cassisi's help and how his staff would answer every little question I had throughout the case. They were so professional, polite, and understanding. Thank you again!

    - J.R., Prior Client

    First and foremost, I would like to say that John Cassisi is the most dedicated attorney, who is available to speak to his clients, day or night. His staff makes sure to answer all the questions and resolve any necessary issues that clients have.

    - P.P., Prior Client

    John Cassisi and his staff were so accommodating throughout my case. I owe them my life because getting in contact with them gave me an opportunity to return to my normal life and obtain a substantial award! I would tell everyone, go.

    - F.R, Prior Client

    Mr. Cassisi was so attentive, especially with my 7-year-old child. His staff was super accommodating when scheduling office visits. We couldn’t be happier with the professionalism and┬ákindness of Mr.Cassisi and his staff.

    - L.A., Prior Client

    Thank you, Mr. Cassisi and your staff for all the personal attention to win my case which resulted in a $175,000 settlement.

    - F.L., Prior Client

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