Negligent Hiring of Truck Drivers
Commercial truck accidents can be some of the most devastating events on
the road. The average big rig can weigh anywhere from 10,000 to 80,000
pounds—and more if the company has an overweight permit. They are
also hard to maneuver and difficult to stop completely, as the weight
of the entire vehicle tends to push the truck onwards despite the braking system.
The majority of people who are injured in accidents with commercial trucks
are passenger vehicle drivers. The size of their smaller car compared
to the weight and impact a large truck would have on their cars makes
it clear an accident with these trucks is hazardous. Injuries that result
from these incidences can range from broken bones, fractures, and mild
brain trauma to catastrophic injuries, such as:
- Severe spinal damage
- Extensive burns
- Traumatic brain injury
Duty to Exercise Care
One of the ways companies are supposed to prevent these accidents from
occurring is by hiring responsible drivers to begin with. It is a trucking
company’s duty to exercise care in hiring new drivers. In order
for a person to claim the company breached its duty to hire safe drivers,
however, a person must prove they recklessly or consciously disregarded
the knowledge of an employee’s prior questionable behavior. For
example, if a trucking company hires an individual who has had a driver
twice for intoxication, it is likely to be a willful and wanton disregard for
Trucking companies are also held to a high set of standards and have protocols
for hiring. These are outlined in the
Federal Motor Carrier Handbook. In addition to checking the driver’s motor vehicle record, they
must do a complete background check, which includes contacting previous
employers of a potential recruit.
If a company’s hiring practices to the level of gross negligence,
in addition to paying any damages to people or property, they must pay
punitive damages as penance for the misconduct. Negligent companies can
end up pain missions of dollars in settlements that involve negligent hiring.
Contact Our Experienced Attorney Today
The last thing you need to worry about after an accident is dealing with
insurance companies. If you or your loved one has been injured by a negligent
trucking company, make sure you’re represented by an excellent Albuquerque
personal injury attorney. Michael J. Doyle is a zealous representative
who is passionate about helping clients understand their rights and options.
When you work with him, you are more than just a name on a case file;
you are treated like a partner, an ally, and a friend. He will take the
time to get to know you personally, and this effort helps to fully invest
himself in your trials and hardships.
To get started on a case, contact us at (505) 219-2176 or fill out our
online form to schedule a case consultation today. Let us help you through
this difficult time.