Error on
the part of a truck driver is the number one cause of commercial truck
accidents in the United States. However, that does not mean that the driver is
always the only one who can be at fault. In many cases, the trucking company
can be held accountable for the losses of accident victims, as well. Trucking
companies can be negligent in many ways, including failing to maintain the
trucks in their fleets, encouraging speeding and other dangerous behavior, and
more. One of the common forms of negligent at issue in truck accident claims is
negligent hiring.
Negligent
hiring means that the company did not use reasonable care in ensuring that the
driver it hired was qualified and would be safe on the roads. Some examples of
negligent hiring include the following:
- Hiring a driver without the
proper commercial driver's license
(CDL)1 or the proper certification to
drive the intended vehicle (such as a HAZMAT truck).
- Hiring a driver with a recent
DUI conviction or multiple convictions on their record.
- Hiring a driver with a history
of reckless driving, traffic violations, or similar bad acts.
In addition
to negligent hiring, a company may be held liable for negligent retention of a
driver. This occurs if a driver fails a drug or alcohol test, receives a number
of traffic citations, violates other federal
trucking regulations,2
or does anything else that may indicate they would be a danger behind the
wheel. If a trucking company continues to employ that driver and allow him to
operate a commercial vehicle, the company should be held liable for any damage
or injuries that result.
Contact
an experienced Lafayette, LA truck accident attorney today
At the Law
Offices of L. Clayton Burgess in Lafayette, LA, we understand the many complications
that may arise in a truck accident case and know how to handle them so that you
receive the full settlement or award you deserve from all negligent parties. If
you have suffered injuries in a truck accident or any type of motor vehicle
accident, please call our office fro a free consultation at 337-234-7573 as
soon as possible.
1https://www.fmcsa.dot.gov/registration/commercial-drivers-license
