According to the Palo Alto Daily News, the same big-rig driver has been involved in three fatal crashes, including one that killed a bicyclist near Portola Valley. He has also been involved in 3 other non-fatal accidents.
Authorities state that although the Portola Valley bike accident remains under investigation, the driver has not been found at fault for any of the accidents, and thus can continue driving.
By law, trucking companies must register each of their drivers with the DMV and if the driver is convicted of a violation, the company is then notified.
Here, questions have been raised regarding the trucking company’s duty to investigate the driver and, despite the fact that he wasn’t found “at fault” for the accident, whether his driving skills were adequate. His involvement in six trucking accidents in four years places his abilities in question. When employer fails to adequately screen an employee, and his or her actions during the course of employment injure another, they may be found negligent and required to compensate individuals for the harm caused.
A California wrongful death action has been filed in this case asserting that the bicyclist’s death could have been prevented had the trucking company performed an adequate investigation of the driver.
When trucking accidents occur, the result are often serious or fatal. As a result, it is crucial that those driving trucks and those who hire the drivers, follow strict guidelines to keep our roads safe and prevent more tragedies.
For more information, or if you have been injured in a California trucking accident, contact Sette Law Office, providing experienced legal representation to those injured for more than 26 years.
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