Trucking companies have a responsibility to the community as a whole to ensure that the people they place in their trucks and uniforms have the skills necessary to operate safely. Negligent hiring occurs when that does not happen. For some reason, the trucking company does not hire someone who meets its safety expectations.
Victims of accidents caused by these individuals have the right to seek legal action for negligent hiring in Alabama truck accidents. Speak with a Birmingham truck accident lawyer today.
What Is Negligent Hiring?
Negligent hiring is the hiring of a person who is not a good fit for the job and who may pose a risk to others. The trucking company fails to ensure the driver is safe to hire and, in doing so, is negligent in its duty of care to the community. It is the responsibility of truck companies to be sure the people they hire have the necessary training, skills, health, and overall ability to do the job.
Types of Truck Company Hiring Negligence
There are various ways a truck company can make mistakes in its hiring. Negligent hiring deals with the expectation that the driver received the necessary screenings, background checks, and qualification measures before they were brought into the company. That means these risks were known, or should have been known, before the accident happened. Some examples may include:
- Hiring a driver who lacks the necessary commercial driver’s license required by the state
- Hiring a driver with a past history of driving under the influence
- Onboarding a truck driver who has violated hours of service or other federal regulations in the past
- Agree to work with a driver who has safety violations on their record
- Not verifying that the truck driver’s education and training are accurate, up to date, or legitimate
- Hiring a truck driver who is physically or mentally unfit for the job
The complications of these cases are numerous. The victim must show that the trucking company knew or should have known that the driver posed a risk before bringing them on board. Background checks, for example, may be lacking.
How to Prove a Truck Company Hired in a Negligent Manner
To prove negligence in a case like this, the victim must obtain evidence showing the driver’s history and that the company hired them knowing that history. This may include the driver’s work history, accident history, driving record, and other data. It becomes necessary to obtain as much data as possible in these cases to verify that the trucking company was at fault for the accident.
Why Prove Negligent Hiring?
Proving the trucking company negligently hired a truck driver allows you to pursue financial compensation for your losses from those parties, including the company that hired the driver and the trucking company itself. You can show they failed in their duty of care to ensure the person in their vehicle was safe to operate.
These Complex Cases Benefit from Legal Guidance
If you are in an accident with a driver and learn they have a record, seek out the help of a truck accident lawyer in Alabama to gain insight into your rights. Your attorney will verify the details of the claim and then seek action against those who contributed to this situation.