By Simmons and Fletcher, P.C., Injury & Accident lawyers
06/08/2020 There are many box trucks on the road today. They are useful
for everything from delivery trucks to moving vans. Despite their relatively smaller size in
comparison to 18-wheelers, they are commercial motor vehicles. However, because the law permits them to be
leased out to non-professional drivers, other drivers need to be aware that the
person behind the wheel of the box truck on the road with them may not be
qualified to handle the vehicle. This
makes them a potential hazard.
Moving Truck Drivers are Often Amateurs
Box trucks look a lot like a smaller version of a big rig.
They are more compact than larger Class 8 commercial trucks, giving them
greater maneuverability on the road. Unfortunately, their large box-shaped
cargo area still has many of the visibility disadvantages of large trucks in
that the blind spots can make cars to the rear and sides difficult if not
impossible to see.
Box trucks are commonly rented out to the public as moving
vans. The problem with this is that the average person does not have a
commercial driver's license and may is not familiar with all the blind spots of
the vehicle, increased stopping distances, and other variations large commercial
vehicles have. So, you may be driving next to someone operating a large,
heavily-loaded truck who has never been behind the wheel of one before.
Ignorance is No Excuse
Regardless of their disadvantages, box trucks are still
required to follow the same rules of the road as other drivers in addition to
applicable federal regulations. The operator must ensure the lanes are clear
when they go to change lanes and they must use signals to indicate that a lane
change is in motion to prevent an accidental collision with a passing vehicle. This
is true of both the professional box truck drivers and the inexperienced moving
van operators. So just because a driver
is leasing the vehicle for a one-time use does not mean he/she is excused from
driving the vehicle with the same level of care that professional drivers are
required to demonstrate.
Negligent Entrustment
A second issue that arises in box truck cases, is the issue
of negligent entrustment. When a moving
truck is leased to an individual, the leasing company must check to make sure
that the driver has a valid driver’s license. If the operator is an employee or
contractor, this duty is higher—requiring that there be a driving history
check. Because companies often have
more insurance and/or assets than individuals, it is important that you hire an attorney to investigate the truck accident who is aware of the differences in
the duties required. Otherwise, he may
miss important evidence that can impose liability on the company versus just
the driver.
Conclusion
When someone causes a wreck while driving a box truck, it is
important that you hire a truck accident attorney who recognizes the subtle
differences in these cases. The driver
may be unskilled and unprofessional, but he is still held to a high standard.
Additionally, understanding the negligent entrustment issues can be the difference in holding all of the proper actors accountable.
Simmons and Fletcher, P.C., Injury & Accident lawyers
Simmons and Fletcher, P.C., is a personal injury law practice located on the edge of Houston and Katy Texas. Simmons and Fletcher, P.C. was founded in 1979 with a commitment to serving personal injury victims and their families as we would serve the Lord. The practice endures today and continues…