Posted on Thursday, March 28th, 2024 at 3:02 pm
When a commercial truck driver causes an accident resulting in injuries or fatalities, the trucking company that employed the driver may be held liable for the damages. One type of claim that can be brought against a trucking company is a negligent hiring case. This occurs when the company fails to exercise reasonable care in the hiring process, leading to the employment of an unqualified or dangerous driver who subsequently causes harm to others on the road.
If you have been injured due to a drunk driving incident, contact us online or call Jonathan R. Brockman, P.C. at (770) 205-8827 to speak to a truck accident attorney in Georgia.
Our legal team can help you recover damages and get the compensation you deserve. Jonathan R. Brockman, P.C. has helped clients get awards from $150,000 to $1,650,000 for victims of truck accidents. And since we work on a contingency fee basis, you pay nothing unless your case is a success.
What is Negligent Hiring?
Employers must ensure that the candidates they hire are qualified to fulfill their duties safely. Certain types of occupations, such as truck driver, require specialized skills and qualifications. If a company hires candidates who lack the necessary qualifications, members of the public might get hurt as a result.
Per the Federal Motor Carrier Safety Administration (FMCSA), trucking companies must abide by certain regulations when hiring commercial drivers. Examples of such regulations include:
- Drivers must be at least 21 years old.
- Drivers must possess qualifications indicating they can safely operate large commercial vehicles.
- Drivers must be in proper physical condition to operate large trucks.
- Drivers must have valid commercial motor vehicle operator’s licenses.
Federal regulations aren’t the only rules truck companies might have to abide by. For example, trucking companies might also have internal hiring policies.
A truck wreck may occur if a trucking company hires a driver who isn’t qualified for their job. In this instance, the trucking company might be liable for victims’ injuries.
Negligent Hiring Examples
The following are basic examples of ways a trucking company might engage in negligent hiring:
- Not conducting a proper background check
- Ignoring red flags that indicate a candidate isn’t qualified to drive a commercial vehicle
- Not requiring a candidate to complete any driving tests, physical exams, and similar tests that other candidates may need to complete
Similar to negligent hiring, a trucking company might also engage in negligent retention. This involves keeping a driver as an employee despite learning they aren’t qualified for the job.
Can Truck Driver Negligence Lead to a Negligent Hiring Case in Georgia?
A truck driver’s error may technically be the immediate cause of a truck wreck. However, the trucking company may nevertheless be liable after such a crash. The following are examples in which, under the theory of negligent hiring, a trucking company may be liable after a trucker’s error:
- A trucker causes a wreck when they are driving under the influence of drugs or alcohol. The trucking company might be liable if they failed to adequately perform drug and alcohol tests. Similarly, the trucking company may be liable if they had knowledge of the trucker’s substance abuse issues.
- A trucker causes a crash because they’re not qualified to safely operate a large commercial vehicle. Because the trucking company is responsible for confirming driver qualifications, they may be liable.
- A trucker causes a crash while speeding or engaging in another form of reckless driving. Perhaps this isn’t the first time the trucker has driven recklessly. The trucking company may thus be liable if they retained an employee they knew might cause injury.
You need to achieve two key goals when filing a truck accident claim based on negligent hiring. They are:
- Showing the trucking company knew or should have known an employee could put others in harm’s way
- Showing you sustained injuries that should have been foreseeable, given the trucking company’s knowledge about an employee’s qualifications
Gathering evidence to strengthen your case in this scenario may be complex. You can build your case with common forms of evidence, such as:
- Medical bills
- Witness statements
- Pictures of the crash scene
- Police reports
- Driver statements
However, you might also need to gather evidence showing the trucking company engaged in negligence when hiring or retaining an employee. This may require securing internal hiring documents from the trucking company.
Don’t wait to start building your case. In Georgia, you have two years from the date of the crash to file a negligent hiring lawsuit. You’ll be ineligible for compensation if you miss the deadline.
Contact a Georgia Negligent Hiring Truck Accident Lawyer Today
At Jonathan R. Brockman, P.C., we understand that a truck wreck can have a major impact on your life for years to come. Attempting to build a case can be overwhelming in any circumstances. It might prove particularly challenging if you’re recovering from severe injuries due to a truck accident.
Luckily, you don’t have to navigate this process alone. A Georgia negligent hiring truck accident lawyer with our firm can help you pursue the compensation you may deserve. Learn more by contacting us online today or calling us at (770) 205-8827 for a free case review.
Recent Posts:
How to Collect Evidence at an Accident Scene