Unlicensed CDL drivers who cause trucking accidents in Georgia are a hazard to other drivers on the road. All drivers must follow the laws and regulations of the Georgia Department of Driver Services (DDS) to ensure that they are licensed and qualified to operate a commercial vehicle safely. Unfortunately, some individuals do not meet these requirements and put others at risk by operating an oversized truck unsafely. If you have been injured due to an accident with an unlicensed CDL driver, it is important to understand your rights.
Unlicensed CDL Drivers And Negligence
When driving on highways, interstates, and other roads, unlicensed CDL drivers who cause trucking accidents create a severe hazard to all other drivers and passengers. These unqualified drivers often lack the necessary skills to adequately control their vehicles in all circumstances, potentially resulting in severe collisions or rollovers that could harm countless individuals. With the size of modern semi-trucks today, any crash involving them can have devastating consequences.
In the event of a trucking accident, if the trucker is unlicensed and not insured, they may be held liable for negligence – which might include:
- operating a vehicle without a valid license or insurance policy;
- failing to follow safety regulations; or
- driving while fatigued or under the influence of drugs or alcohol.
Compensation For Victims Of Unlicensed CDL Driver Accidents
If you were injured by an unlicensed CDL driver in an accident, you might be eligible for compensation for property damage, medical bills, lost wages, emotional distress, and pain and suffering. It is essential to contact an experienced lawyer who specializes in personal injury law as soon as possible after your accident so that they can help build a strong case on your behalf. The lawyer will work with experts such as investigators and medical professionals to assess the extent of your injuries and determine how much compensation you should receive from the negligent party.
In addition to filing a lawsuit against the negligent party, victims may also be able to file a claim against their own insurance provider. This can be beneficial if the negligent party does not have adequate coverage or does not have any coverage at all—in which case it might be challenging to get adequate compensation without turning to insurance providers like yours. An experienced lawyer can help guide you through this process.
The Company’s Liability
Depending on the circumstances, the company may be negligent if they failed to properly check the driver’s license status or qualifications before hiring them. If it can be proven that this negligence directly resulted in your injuries, you may be able to pursue legal action against the company.
It is important to note that while having an unlicensed driver behind the wheel of a commercial vehicle is illegal in most states, including Georgia, employers are still obligated to perform due diligence in their hiring process. Any potential employee must meet basic requirements, such as providing proof of a valid driver’s license before being allowed behind the wheel of a commercial vehicle. Companies should also make sure that employees have undergone all necessary training and drug screenings before being allowed to drive.
If an employer fails to comply with these regulations, they can face serious consequences such as hefty fines from regulatory agencies and civil liability if one of their drivers causes an accident due to negligence or recklessness. In some cases, employers may even face criminal charges if it is proven that their negligent hiring or supervision led directly to personal injury or death.
Anytime a person is injured due to someone else running afoul of state laws regarding commercial driving regulations – whether through inexperience or lack of qualifications – there is potential for recovery from those responsible for allowing them behind the wheel in the first place.
In most cases of accidents involving a CDL holder, the negligence or fault of one or more parties will likely be involved. In some circumstances, it may be solely the fault of the unlicensed driver, while in others, both parties may have been negligent in some capacity. If a court determines that negligence or fault was involved on either side, that party could be liable for any resulting damages.
The amount of liability depends on various factors, such as whether the vehicle was owned by the employer or leased from another company and whether the driver had been trained and certified by their employer to drive a vehicle with a CDL. The state laws where the incident occurred will also play a role in determining who is at fault and ultimately liable.
Being involved in an accident with an unlicensed CDL driver can be extremely stressful and confusing – especially when trying to figure out what type of compensation you are entitled to from them or from your insurance provider. Fortunately, there are experienced personal injury lawyers specializing in accidents involving unlicensed CDL drivers who can help ensure that you get fair compensation for any damages caused by their negligence.
If you or a loved one has been injured, or you have lost a loved one in a wrongful death accident, Dozier Law is here to fight for you. Contact us online or by telephone at 1-844-436-9437 to speak with a knowledgeable personal injury attorney.