Negligent Hiring In a Truck Accident Case
According to the Florida Department of Highway Safety and Motor Vehicles,1 there were more than 20,000 accidents trucks with a gross vehicle weight rating of greater than 10,000 pounds. Many of vehicles of this size are commercial vehicles that are operating by companies that are in the business of hauling materials for paying customers. These companies have a duty to the general public to make sure that the drivers that they hire to drive their vehicles are qualified to do so and do not put others at risk in the performance of their duties. Unfortunately, this does not always occur, and people who are injured by truck drivers that should not have been hired in the first place can often recover significant compensation.
Individuals who believe that they have been injured in a truck accident caused by someone else’s negligence should have their case reviewed by an experienced Clearwater truck accident attorney. To schedule a free consultation with one of our lawyers, call the Dolman Law Group today at 727-451-6900.
Examples of the kinds of issues that may make it negligent to hire a certain candidate
Large commercial trucks are inherently dangerous vehicles that have the potential to cause serious damage and injury when they are involved in collisions. For this reason, almost every aspect of the trucking industry is regulated by state and federal law. For example, the Federal Motor Carrier Safety Regulations2 (FMCSR) sets minimum standards for obtaining a commercial driver’s license (CDL) as well as technical regulations regarding commercial vehicles. Any non-compliance with these regulations in the hiring process may be sufficient to establish legal liability for negligent hiring. In addition, any hire that could be deemed legally unreasonable may be deemed negligent as well.
Some of the more common issues with candidates for truck driver positions that could be the basis for a negligent hiring action include the following:
* A history of alcohol or drug abuse
* A poor driving record
* Lack of a commercial driver’s license (CDL)
* Not meeting FMSCR health standards
* A failed drug test
* A history of serious accidents
* The existence of a criminal record
* A history of chemical dependency
* A refusal to submit to drug testing
* Failure to conduct a background check
There are many other issues that could result in a legal action for negligent hiring. As a result, anyone who has been injured in a Clearwater truck accident should discuss his or her options with an experienced lawyer.
Certain truck driver conduct may also result in negligent retention
Issues with an employee do not have to arise during the hiring process in order to create legal liability. For example, an employer may learn about certain facts regarding an employee’s ability to perform essential job functions during the course of employment. If the employer fails to take action and the employee causes an accident, the employer could potentially be liable for any damages that occur as a result of the accident. Additionally, if an employee routinely engages in behavior that makes it apparent that he or she is placing others at an unreasonable risk of injury, an injured victim may be able to sustain an action for negligent retention against the employer.
Contact a Clearwater, Florida truck accident lawyer today to schedule a free case evaluation
When you are in an industry as dangerous as trucking, it is of the utmost important to hire drivers who are professional and will not put others at risk. Unfortunately, each year, thousands of people are injured by the conduct of truck drivers whose employers knew or should have known were unfit for a position as a commercial truck driver. People who are injured by the negligent hiring practices of trucking companies can often recover for their injuries and other losses by filing a personal injury claim.
The attorneys of the Dolman Law Group are dedicated to helping people injured by the negligence of others obtain justice through the Florida civil courts. To schedule a free initial consultation with one of our lawyers, call our office today at 727-451-6900. Clients who would prefer to reach us via email should fill out and submit our online contact form available here.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756