When you are hurt in a car accident, there are a lot of things that run through your mind, but most people aren't focused on suing the other driver or their own insurance company. Unfortunately, because of the way the world works, most people find that they are given far less of a settlement than they deserve, especially if the accident wasn't their fault. I wanted to create a blog all about choosing a better accident and personal injury attorney, so that you can prevent longterm financial ramifications from your accident. I know that a lot of these tips helped me along my journey.
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If you were injured in a truck accident that was caused by a bad truck driver, you may be able to sue the truck company for negligent hiring. Here's what you need to know.
What Is Negligent Hiring?
Negligent hiring is a legal term for when a company doesn't take reasonable care to hire good employees, such as truck drivers. All companies have a legal obligation to make sure the employees they hire are right for the job, especially in terms of safety.
Trucking companies have a duty to make sure that truck drivers are properly trained and don't have a history of safety violations. This includes things like checking certifications and driving records before hiring new truck drivers.
In many cases, truck companies don't properly check new truck drivers because they're trying to save money or they're trying to quickly fill open positions. When a truck company fails to take these steps and hires a bad driver, it may be liable for negligent hiring.
How to Prove Negligent Hiring
There are several ways to prove negligent hiring in a truck accident case. In order to do so, you'll need to work with a truck accident lawyer who can perform a thorough investigation.
You'll want to get records like the truck driver's training history and safety records. You may find these records by requesting them from the truck company or looking in government databases such as traffic court records.
You may also want to look at the company's hiring practices for other drivers. It can be easier to prove negligent hiring when the company has a pattern of not properly vetting drivers before hiring them compared to making a single bad hire.
While the truck company probably won't want to turn records over to you, you're legally entitled to get them. Once you file your lawsuit, your truck accident lawyer can request the records in discovery.
Do You Need to Prove Negligent Hiring?
You don't always have to prove negligent hiring in a truck accident case. Sometimes, you just need to prove the truck driver was at fault for the accident.
The truck company is responsible for accidents caused by its drivers whether or not it engaged in negligent hiring practices. Proving negligent hiring can help in cases where there is doubt about who was at fault. It can also help increase the compensation you're able to receive in the form of punitive damages.
Contact a truck accident lawyer to learn more.Share