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Georgia Trucking Companies May Be Liable for Insufficient Pre-Employment Background Checks

Trucking companies and truck drivers are subject to complicated federal and state laws and regulations. An experienced Clayton County truck accident attorney can evaluate how the laws apply to a victim's case. The Law Office of Shane Smith can help preserve essential evidence and help victims receive compensation from the truck driver, the trucking company and/or their insurance carriers.

 

Georgia statutes and federal regulations require trucking companies with interstate trucking business to conduct a pre-employment background check for all drivers. Trucking companies are required to ensure that unsafe drivers and those with substance abuse problems do not drive tractor trailers on state highways.

 

Georgia also requires pre-employment background for trucking companies engaged in intrastate driving. Trucking companies must conduct background checks for moving violations within three years of a driver's application and verify employment related to all trucking jobs held in the preceding 10 years.

 

A trucking company must also obtain an applicant's DMV report for purposes of any moving violations during the prior three years. A driver must also receive a medical certificate verifying physical fitness to drive a tractor trailer.

 

A trucking company may be liable for a driver's accident if a driver's background check should have indicated that he was unfit for hiring. A Clayton County truck accident lawyer can obtain all the necessary evidence following a truck accident.

 

Trucking companies are only required to keep specific records about cabs, trailers and drivers for limited amounts of time. An attorney can put a trucking company on notice that it must preserve evidence related to the accident because an accident victim has a claim against the company. The accident-related evidence may subsequently be requested by the victim's attorney.

 

Preserved evidence may be used to prove that a trucking company or the truck driver in the accident did not follow federal mandates about resting times. Paperwork may indicate that a trucking company neglected warning signs about hazardous cab or trailer conditions.

 

If you or someone you know has been hurt in a truck accident, meet with a Clayton County truck accident lawyer at the Law Offices of Shane Smith.


Shane Smith
Advocate for the Seriously Injured in Georgia