NEGLIGENT TRAINING


Cincinnati Catastrophic Injury Lawyer Reviews Driver Fatigue Truck Accidents in Ohio
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Driving a large commercial vehicle, like an 18-wheeler semi or tow truck requires extensive driver training and practice behind the wheel. Negligent training can lead to a host of problems. Truckers need proper driver training and certification in order to handle different types of vehicles, transmissions, brakes, and other complex systems. Drivers must be comfortable in handling common and difficult situations like driving in poor weather, heavy traffic congestion, city driving, taking narrow turns, and knowing how to deal with tire blowouts without causing an accident.

Without the proper driver training for specific commercial-sized trucks and vehicles, inexperienced truck drivers are more likely to cause a collision. Anybody injured in a truck accident because the driver had inadequate training from their transport or trucking company may be able to recover compensation from the liable employer.

The Lyon Firm has the resources and experience required to assist you in filing a claim and lead you through a difficult legal process. Joe Lyon is a highly-rated Ohio personal injury attorney, experienced in investigating and settling truck and traffic accident claims nationwide.

Negligent Training Causes Truck Accidents

Trucking and transportation companies are legally liable for hiring and employing qualified and competent drivers. Trucking companies are ultimately responsible for their driver’s actions and the potentially dangerous and deadly consequences.

An employer must research the background of their employees at the time of hire to ensure they have their CDLs, and adequate training before they hit the road. Certifications are necessary to make sure truckers are technically qualified and competent to operate the truck or semi in a safe manner. New truck drivers with basic qualifications should receive additional training. Inexperience and poorly trained CDL drivers are much more likely to cause an accident. Lazy and improper truck driver training can lead to the following:

  • Driving recklessly & truck overturns
  • Improperly executed turns
  • Override & Underride Accidents
  • Driving too fast in poor weather or road conditions
  • Braking too late—sliding and jackknife accidents
  • Dangerous Driver Errors
  • Violating Log book regulations
  • Fatigued driving

Required Ohio Truck Driver Training

Current requirements to obtain a CDL (commercial driver’s license) are managed by the state of either residence or employment. Ohio programs teach the basic knowledge and skills necessary to obtain a CDL, though may require more practice for any driver to safely drive for a company. Drivers first get a commercial learner’s permit (CLP), take knowledge tests, prove they are medically qualified to drive, and demonstrate a clean driving record for the past 10 years. The permit enables drivers to practice driving with a qualified CDL holder in the vehicle with them for 14 days prior to being eligible to take the skills test, which includes a comprehensive vehicle inspection test, the basic controls test, and the road test.

In 2016, the Federal Motor Carrier Safety Administration (FMCSA) announced it had established a new rule regarding minimum driver training standards for entry-level commercial truck drivers seeking a CDL or certain endorsements, which will apply to drivers obtaining any CDL for the first time, trying to upgrade their CDL to a higher class, or seeking an endorsement to transport hazardous materials, passengers, or school buses. Individuals will have to complete an entry-level driver training, including theory instruction and practical behind-the-wheel instruction. Drivers will have to demonstrate safety awareness and driving proficiency prior to obtaining a CDL license or endorsement.

If you or a loved one has suffered an injury due to a truck accident, and have questions about the legal remedies available to improve quality of life and medical care, contact The Lyon Firm (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer these critical questions regarding negligent training cases.

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ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

photo of attorney Joe Lyon reviewing negligent training cases
A Voice for Those who have suffered 

Why are these cases important?

Trucking employers and transport companies are accountable for their drivers and their on-road behavior. If trucking management overworks their drivers or is aware of their drowsy driving and fatigue, they can be liable for contributing to an unsafe working environment and dangerous roadways.

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Questions about Truck Accident Cases

What is a truck accident lawsuit?

Trucking companies and drivers may be negligent in their duties, and can be sued for endangering motorists and passengers on the road. A lawsuit against these companies for endangerment gains recovery for those who have suffered from negligence of drivers.

Can I sue a Trucking Company?

Yes, filing a lawsuit following a trucking accident can help recover medical costs and other damages. A trucking company may be liable for a negligent driver, overloading cargo, failing to maintain vehicles, overworking drivers, and for other road violations.

When a truck is overloaded, a driver will have less control over their rig. With added weight, there will be less maneuverability and less ability to brake properly. The stopping distance will increase for any vehicle with added weight.  If a rig is overloaded enough, the brakes may even fail. Tire blowouts will be more common as well with overloaded trucks.

What are the common causes of truck accidents?

report by the Governors Highway Safety Association (GHSA), found that U.S. motor vehicle deaths increased 7.7 percent nationwide in 2015. Driver fatigue is a likely cause for many of the accidents. The problem has become so serious that safety agencies have expanded their definitions of impaired driving to include drowsy drivers.

The National Highway Traffic Safety Administration estimates that in 2013, drowsy driving was responsible for 44,000 injuries, and 800 deaths.

These statistics are likely underestimated. When a crash occurs, most drowsy drivers do not report the cause due to concerns about insurance, employment or legal consequences. About 23 percent of adults say they know someone personally who has crashed due to falling asleep at the wheel. Approximately eleven million drivers admit they have had an accident or a near miss because they were too tired to drive.

 

 Other common causes of Ohio accidents include:

  • Vehicle brake problems
  • Truck traveling too fast for conditions
  • Driver unfamiliar with roadway
  • Roadway problems
  • Driver intoxicated with illegal or over-the-counter drugs
  • Driver inattention
  • Driver made illegal maneuver
  • Driver distraction
  • Truck tire problems
  • Driver following too close
  • Cargo overloading
  • Driver intoxicated with alcohol

 

How can I determine if I have a case?

The best way to determine the cause of an accident you are involve in is to contact an experienced personal injury attorney to investigate with the assistance of accident experts. If a serious injury has resulted, victims are likely to be compensated for property damages, medical costs, lost past and future earnings, and pain and suffering.

Trucking employers and transport companies are accountable for their drivers and their on-road behavior. If trucking management overworks their drivers or is aware of their drowsy driving and fatigue, they can be liable for contributing to an unsafe working environment and dangerous roadways.

There are more than 15 million commercial trucks transporting over 70 percent of all U.S. goods every year. Commercial trucks—delivery tractor trailers, busses, big-rigs and semi-trucks—are very heavy and difficult vehicles to control. A small amount of inattention or fatigue can result in fatal accidents. If an accident occurs in part because a driver was fatigued, trucking companies and drivers may be liable for damages and sued for endangering other vehicle occupants on the road.

Driver fatigue, or physical or mental exertion that impairs performance, may be due to a lack of sleep, extended work hours, strenuous work or non-work activities, or substance related.

One study published by the Federal Motor Carrier Safety Administration reported that 13 percent of commercial motor vehicle (CMV) drivers were fatigued at the time of their last accident. The Truck Crash Causation Study reported over 12,000 commercial truck crashes over a span of about three years, which resulted in more than 249 deaths and 1,654 injuries.

Why Do Truckers Overload Cargo?

To maximize their load and profit, trucking companies often push the limits of safety with their cargo. Transportation companies overload their trucks intentionally or accidentally. But in the end, the result can be the same, because overloaded trucks pose a risk to Ohio motorists.

Trucking companies may take more risks than you are aware of, and when accidents and injuries occur, they must be help accountable for their actions.

What is an Excessive Truck Load?

As a plaintiff injured by a truck accident, you may require an attorney to recover driver logs and cargo records to determine if the truck in question was overloaded.

Why Hire the Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Personal Injury & Accident Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Accident lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases.  The cases have involved successfully litigating against some of  the largest companies in the world

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

DISTRACTED DRIVER

WRONGFUL DEATH

$1,000,000

(Brown County, Kentucky):  Joseph Lyon was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

MOTORCYCLE ACCIDENT

$495,000

(Cincinnati, Ohio):  Joe Lyon was lead counsel in a $495,000 settlement. The case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.

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