When Can a Trucking Company Be Held Liable for Negligent Hiring?
Given the massive vehicles they’re operating, we expect truck drivers to be trained, vetted, and know how to navigate daily traffic. Unfortunately, negligent hiring in trucking companies is becoming all too common, and the result is a greater increase in accidents.
When can a trucking company be held legally responsible for negligent hiring, and how can you prove this? BD&J California truck accident lawyers explain more, as well as how working with our dedicated law firm can help you after an accident!
Call 855-906-3699 or complete our online form to connect with the BD&J team 24/7!
What Do Negligent Hiring Practices Look Like?
Negligent hiring practices within a truck company can look like:
- Failing to perform a background check on a driver including employment history
- Hiring drivers with poor driving records, including impaired or reckless driving violations
- Hiring drivers who don’t have a commercial driver’s license (CDL), or whose commercial driver’s license is expired
- Not conducting the proper drug and alcohol testing for new truck driver hires
- Ignoring a missing or expired Medical Examiner’s Certificate
- Not providing adequate training for new hires
- Failing to maintain a driver qualification file that contains driver’s previous safety performance history, Motor Vehicle Record (MVR), road test certificate, and Medical Examiner’s Certificate
How Negligence Can Increase Truck Accidents
So how does a negligent hiring turn into a truck accident? Once a trucking company makes the choice to overlook missed qualifications, avoid checking important medical and driving certifications, and other similar practices, they put an unprepared driver on the road.
This could look like an unhealthy, untrained, or reckless truck driver that is now tasked with driving a truck weighing over 30,000 pounds and often holding delicate or hazardous cargo.
California is currently dealing with a licensed truck driver shortage, especially with the cancellation of over 13,000 commercial driving licenses belonging to legal immigrant drivers in the state earlier this year. Truck driver shortages, truck driving school closures, and a never-ending demand for commercial truck drivers can result in negligent or reckless hiring processes by companies.
This negligent hiring leads to serious truck accidents which can hurt other drivers on the road, such as:
- Distracted driving accidents
- Spilled cargo or improperly loaded accidents
- Rear-end collisions
- Head-on accidents
- Jackknife accidents
- Blind-spot collisions
- And more
Is it Illegal for a Trucking Company to Not Do a Background Check on a Driver?
According to the Federal Motor Carrier Safety Administration (FMCSA), truck driver employers must perform a pre-employment Clearinghouse query to investigate drug and alcohol violations for a new driver. Truck driver employers must also verify the safety performance history of a new driver of the previous 3 years.
When is a Truck Company Liable for Negligent Hiring?
A truck company that hires a new driver, but ignores prior driving violations, doesn’t properly train new drivers, or fails to follow FMCSA mandated regulations can be held liable if a new truck driver causes an accident.
By failing to exercise their duty of care toward other motorists in terms of letting a reckless or unprepared driver handle a truck on the road, the company is performing negligence.
How To File a Complaint Against a Negligent Truck Company
Filing a complaint against a negligent truck company who practices reckless hiring practices can help bring attention to the situation and possibly even work to prevent accidents. File a complaint by:
- Call 911 for immediate danger. – If you notice a truck driver the is swerving, driving too close, or doing other actions that create immediate dangers for other motorists, call 911 to report the driver.
- Collect all the evidence available. – Collect all relevant documentation that pertains to company negligence, whether it’s videos of a reckless truck driver, internal messages/emails, and similar.
- File a complaint with FMSCA. – Visit the FMSCA complaint page to submit a formal complaint against the company, and where you can also provide evidence to support it.
- Speak with an attorney after an accident. – When negligent company practices result in an accident, you should be speaking with a California truck accident attorney to learn about your rights to compensation.
What Do I Do if I’ve Been in a Truck Accident?
If you’ve been involved in a truck accident with an untrained or uncertified truck driver, you want to make sure to do the following:
- Get to a safe side of the road, like a shoulder or parking lot if available.
- Check yourself and passengers for any serious injuries that require immediate attention.
- Report the accident to the police.
- Get the other driver’s information, including CDL number and place of employment.
- Take photos and videos of the accident scene, vehicles involved, and any visible injuries.
- Seek medical attention immediately, even if you don’t feel pain or other symptoms.
- Talk to a truck accident attorney about your options to file a claim.
Going through a truck accident can be terrifying, but documenting the evidence, getting your injuries treated, and talking with a legal expert can help.
Frequently Asked Questions
Is it Easy to Become a Truck Driver?
Becoming a truck driver takes work and dedication, including completing 15 hours of behind-the-wheel training, obtaining a commercial learner’s permit (CLP) to practice on-the-road commercial truck driving, and also fulfilling Entry Level Driver Training where potential commercial truck drivers learn about the theory, truck driving laws, and more.
What’s the Difference Between a Commercial Driver’s License and Regular Driver’s License?
A commercial driver’s license is specifically used to operate trucks and other commercial vehicles that transport property or people for business purposes. CDLs require certain testing and renewal criteria.
A regular driver’s license is used to operate standard vehicles for personal use and require different preparations than a CDL.
What if the Driver Was a Third-Party Contractor?
Being involved in a truck accident with a third-party contractor can ultimately shift the responsibility onto them for negligent or reckless driving habits. However, if the truck company failed to supervise a driver, or ignore complaints or misconduct reports of the driver, they could be held responsible for an accident.
How Can I Prove Negligence in a Truck Accident?
Proving negligence in a truck accident can include evidence like driver logs, black box data, a police report, medical documentation of your injuries, and photos and videos of the accident scene and all involved vehicles.
What is a Spoilation Letter?
Spoilation letters can be issued to keep evidence from being overwritten or destroyed, such as black box data, which is digitally recorded truck performance data, including hours of operation, speeds, brake use, and frequency of acceleration and deceleration.
Drafting a spoilation letter can help preserve crucial evidence, and an attorney can help you in drafting and sending this letter in a timely manner.
What if I Had Some Fault in an Accident?
You can still obtain compensation because California recognizes pure comparative negligence, which means individuals that had some fault in their accident can still recover reduced compensation for their injuries and other damages.
Should I Accept the First Settlement Offer I Get?
No, in fact, you should consult with an attorney as soon as you’re presented with a settlement offer. Initial settlement offers are typically lowball offers with no regard to future medical costs, liability, and the missing details that don’t come until after you’ve reached Maximum Medical Improvement (MMI).
Do I Have to Keep Speaking to an Insurance Company on My Own?
Not at all. When you’re working with a truck accident lawyer on your claim, they handle all communications with insurance companies and other legal teams on your behalf.
How Much Does It Cost to Work with a Truck Accident Attorney in California?
BD&J truck accident attorneys in California work on a contingency fee basis, which means we advance all case costs to you and recover final attorney fees when a case has settled. This means no fees until we win* your case.
Why Should I Work with BD&J Attorneys?
The BD&J law firm has been hard at work since our establishment in 2007 to protect the rights of injured Californians when it comes to rightful compensation. We’ve recovered over $3 billion* in client compensation for clients who were injured in car accidents, truck accidents, construction accidents, and more.
Our attorneys aren’t just legal experts; they’re dedicated advocates who will fight for you and your family through every step of the claims process.
Does BD&J Offer Free Consultations?
Absolutely! Call us at 855-906-3699 or complete our online form to schedule your free initial consultation.
California Truck Accident Attorneys Unafraid to Seek Justice from Large Companies
A preventable truck accident that occurred due to the negligent or reckless driving habits of a truck driver whose own hiring process was filled with negligence and oversight should not go unanswered.
BD&J truck accident attorneys are here to help you hold careless truck companies responsible for not ensuring their drivers are prepared for the road. If you or a loved one were seriously injured in a truck accident, call us now to schedule your appointment with one of our attorneys!
Let the BD&J team help you through the aftermath of an accident. Contact us today to get started!