Did Negligent Hiring Cause Your Truck Accident?
After a truck accident, many people are very quick to blame the truck driver. Although it is true that truck driver negligence is to blame for many crashes on the road, that is not always the case. Even when the truck driver did violate traffic law or other rules of the road, it is possible the trucking company is also to blame. Below, our San Antonio 18-wheeler accident lawyer explains how negligent hiring can cause a crash.
What is Negligent Hiring?
When a trucking company is negligent and fails to exercise reasonable care to ensure a truck driver will not pose a risk to others, they can be held liable if an accident occurs. Trucking companies must ensure they are following all state and federal laws that govern the trucking industry to make sure their vehicles, and any driver they hire, is safe.
There are many reasons why it is important to determine if a trucking company is liable for negligent hiring practices. It is critical to hold the trucking company accountable for their actions and to deter them from acting in such a way in the future. This prevents trucking companies from placing unsafe drivers on the road and putting all of our lives at risk. In addition, if you hold the trucking company liable, you can also file a claim with their insurer so you can claim maximum damages.
Examples of Negligent Hiring Practices
Trucking companies can act negligently when hiring in many different ways. The most common of these include:
- Insufficient background checks: Trucking companies must conduct extensive background checks on any driver they are considering hiring. These include employment verification, criminal history, and reference checks. If this is not done, important information may be overlooked.
- Driving record check: Trucking companies must determine if any potential candidate has a history of accidents, traffic violations, or other driving-related incidents. If the trucking company did not perform this check, or ignored information found, they can be held liable.
- Inadequate training or qualifications: Truck drivers must have the necessary skill, knowledge, and experience before they get behind a wheel on their own. Trucking companies may not ensure these qualifications are met, or they might fast-track the driver to get them on the road sooner.
- Overlooking red flags: If a trucking company finds a red flag when hiring a truck driver, such as their history of alcohol or substance abuse, that is considered negligent hiring and they can be held liable for it.
The above list is not exhaustive, and there are many ways a trucking company may engage in negligent hiring practices.
Our 18-Wheeler Accident Lawyer in San Antonio Can Assist with Your Case
If you have been injured in a crash, our San Antonio 18-wheeler accident lawyer can help. At the Law Office of Israel Garcia, our seasoned attorney will find the evidence necessary to determine liability and prove your case. Call us now at 210-LAW-9999 or contact us online to arrange a free consultation.
Source:
law.cornell.edu/wex/negligence
