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How is a Truck Driver’s Background Relevant to an Accident Lawsuit in Montana?


— March 9, 2022

It is also considered dangerous if a driver with multiple traffic infractions or prior accidents is allowed to continue working for the same company.


Billings, MT – Both truck drivers and their employers need to be mindful of various safety issues to avoid accidents and comply with transportation regulations. As part of this process, employers of commercial drivers should ensure that their employees have obtained the right credentials, and also that they do not have a history of being a dangerous driver. If the driver is involved in an accident, anyone who was harmed can use failures in this process as evidence of negligence. There are some attorneys in Billings who focus on truck accidents, and they regularly assist victims with the process to receive compensation. 

The driver’s qualifications

A driver of any semi trucks and commercial vehicles should have all of the proper licensing requirements. This includes the appropriate class of CDL for the specific vehicle that they are operating. Additional training and endorsements may be required if the driver was transporting hazardous materials. If the employer hired the driver without properly checking their background, this can be used as evidence of negligence against them in the lawsuit. 

Prior accidents and offenses

It is also considered dangerous if a driver with multiple traffic infractions or prior accidents is allowed to continue working for the same company. This usually means that their risk level is high, and it is likely that there will be more collisions or traffic violations in the future. This is especially true if the driver skipped required rest or break periods, or if they engaged in a criminal offense like driving under the influence while operating a commercial vehicle. 

The trucker’s driving records can be obtained for this purpose and introduced as evidence during the course of a lawsuit or settlement negotiations. 

Vehicle maintenance

Trucks in mechanics bays for service; image by Carlos Daniel, via Unsplash.com.
Trucks in mechanics bays for service; image by Carlos Daniel, via Unsplash.com.

The driver is also responsible for making sure that the vehicle is properly maintained, complies with all relevant weight limits, or waiting until these issues are fixed to continue driving. A vehicle with maintenance issues or one that is too heavy can become an extreme danger on the roads. 

If the trucking company is liable for the accident

If a driver is liable for an accident, their employer will have to pay various damages to the people harmed. This will normally be paid out through their insurance policy. Because trucking accidents are very expensive, the business may have to pay out thousands or even millions of dollars to the victims. This can include medical costs, property repairs, lost wages, and other costs related to the truck crash.

Additional advice about bringing a lawsuit

USAttorneys.com is a directory that lists truck accident lawyers in Montana and other states. There are local attorneys available who can provide more information about lawsuits and the process to receive compensation. 

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