You can sue the trucking company for negligent hiring or training if you get injured in an accident caused by an incompetent or dangerous driver. Some examples of negligent hiring or training practices include failing to perform a rigorous background check, not reviewing the driver’s training and certification, and not offering sufficient training to drive a truck or secure cargo properly.
A negligent hiring or training claim raises tough legal issues around whether the trucking company knew or should have known the driver was incompetent or dangerous. Luckily, a truck accident lawyer can compile evidence of the company’s negligent conduct and obtain maximum compensation for you.
To find out if you have grounds to sue the trucking company for negligent hiring or training in Chicago, Illinois, call Ankin Law at 312-600-0000.
What Constitutes Negligent Hiring or Training?
Negligent hiring happens when a trucking company fails to conduct thorough vetting and assessment before hiring prospective drivers. This negligence results in the hiring of incompetent or unsafe individuals who threaten the safety of other road users.
A negligently hired or trained driver can cause accidents, debilitating injuries, or deaths. The most common negligent hiring or training practices in the trucking industry include:
Failure to Perform Intensive Background Checks
Failure to conduct rigorous background checks often leads trucking companies to hire drivers with bad records. A driver with several DUI convictions or a history of causing accidents may lack the required judgment and control to operate a large truck safely. In fact, drivers under the influence (DUI) of alcohol cause up to 47% of motor vehicle deaths in Illinois.
People convicted of using commercial vehicles for criminal activities, such as drug trafficking, are ineligible to acquire a Commercial Driver’s License (CDL). A company may hire an incompetent or unsafe driver if it does not perform a thorough background check. Some companies may hire drivers even after background screening results show they are unfit.
Failure to Review Driver Training and Certifications Properly
Illinois laws require CDL holders to undergo specific training before stepping behind the wheels of large commercial trucks. Drivers may sometimes lack the required training and license. A negligent company may knowingly or unknowingly hire those drivers to fill open positions quickly.
Lack of Proper Onboarding for New Drivers
Each company has rules and regulations that inform how employees should conduct themselves. A trucking company may be liable if an accident occurs and facts reveal that the truck driver had little to no knowledge of his or her employer’s regulations.
Failure to Provide Sufficient Training
Drivers must have the skills and knowledge required to operate trucks and handle cargo safely. You can hold the trucking company liable for the actions of its driver if an accident happens because the driver had not properly secured the cargo or lacked adequate training to operate the truck.
Ignoring or Failing to Comply With Safety Regulations
A driver who ignores safety regulations, including the FMCSA rules, indicates negligent hiring or training on the part of the trucking company. Common safety regulations include wearing seatbelts, adhering to hours-of-service limits, and completing the vehicle inspection report daily.
How to Determine if a Trucking Company Is Liable
Multiple parties may be legally responsible for your crash, depending on the circumstances. The trucking company may be partially liable for an accident if elements of negligent hiring or training practices are evident. Determining if a trucking company is liable for negligent hiring or training requires a thorough investigation and evaluation of key evidence. This evidence includes:
Documents Outlining the Company Hiring or Training Practices
Obtain a copy of the company’s guidelines and policies on hiring and training truck drivers. Also, obtain a copy of the liable driver’s employment file. Carefully compare the policies and employment file to determine if the driver met the eligibility requirements. Also, determine if the company complied with federal regulations when hiring that driver.
Driver Training Details
Driver training information can help determine if the trucker received the training required to operate the truck safely. You can get this information by evaluating the company’s training policies, training guidebooks, the driver’s files, and details of the employee or third party who oversaw the driver’s training.
Driver Background Checks
The driver’s employment file must include copies of the criminal background check and driving record. If these documents are missing, the company may have skipped the background check step and hired an unfit or unsafe driver.
Pre-Employment Drug and Alcohol Test Results
Did the trucking company conduct a drug and alcohol test before hiring the driver that injured you? A copy of the drug and alcohol test results can help you answer this question. The results may show that the driver secured the job despite failing the test. Missing test results, on the other hand, show the trucking company did not comply with the drug and alcohol testing requirement.
Medical Certifications
A copy of a truck driver’s medical certification is crucial evidence in establishing truck accident liability in a negligent hiring case. A missing medical certification on the driver’s employment file may indicate that the company hired a medically unfit driver.
Prior Safety Complaints
Find out if the driver’s file has previous safety complaints. If so, determine the steps taken to address the complaints and prevent them from arising in the future. If the trucking company did not take any corrective measures, you can use the safety complaints to prove the company’s liability.
What if the Trucking Company Uses Independent Contractors as Drivers?
Hiring independent contractors is one of the strategies trucking companies use to try to limit or avoid truck accident liability. The contractor is not classified as an employee and does not qualify for company benefits. As such, the company may refuse to shoulder responsibility for the contractor’s negligence as the legal theory of Respondeat Superior requires.
FMCSA regulations apply to all players in the trucking industry, including those who call themselves independent contractors. These regulations apply to both workers and independent contractors. So, identifying a trucker as an independent contractor does not exclude the trucking company from bearing liability for a truck accident caused by its negligence in hiring or training that contractor.
Why Hire an Attorney?
Hiring a knowledgeable truck accident attorney after getting into an accident involving negligent hiring or training helps minimize stress and maximizes the odds of obtaining reasonable compensation. Your attorney can:
Determine if You Have a Valid Case
Your truck accident lawyer will listen to your accident account and examine relevant information to determine if you have grounds to sue the trucking company for negligent hiring or training. If so, the lawyer will explain your legal rights and avenues for recovering compensation.
Conduct Accident Investigations
The information and documents you submit to your lawyer during an initial consultation are not enough to support your claim. The lawyer must do additional investigations to gather more information and evidence to build a watertight case.
An accident scene visit may be necessary to assemble evidence like pictures and traffic or security camera footage. Interviewing key eyewitnesses is a crucial part of a truck accident investigation.
Eyewitnesses are a source of information that the accident victim may have missed. Eyewitness testimony and other evidence like maintenance records and expert testimony can be helpful when you want to sue a trucking company for a blown out tire.
Obtain and Evaluate Relevant Records
An experienced attorney knows the records and documentation that may contain evidence of negligent hiring or training by the trucking company. The attorney also knows how to obtain these documents and records legally. So, if a company is reluctant to release certain documents due to privacy concerns, your attorney can use a court order, consent form, or subpoena to gain access to those documents.
Upon obtaining all the relevant records, your attorney will analyze them thoroughly to identify proof of negligent practices. A thorough analysis can also uncover evidence that links the accident to a violation of FMCSA rules.
Handle Negotiations and Litigation
Truck companies and their insurance carriers often attempt to settle claims fast and for a lower amount. Your attorney knows this fact and will handle settlement negotiations for you. The attorney will also advise you on dealing with the insurance company’s representatives and adjusters if they approach you.
Your attorney will take your case to trial if negotiation efforts fail. Litigation is sometimes the only way to secure compensation that matches the full extent of your losses. An attorney with an excellent record of winning cases at trial will develop and execute an effective legal strategy to increase the chances of a favorable result.
At Ankin Law, we can help you successfully sue the trucking company for negligent hiring or training and receive all the damages entitled to you. Contact us to book an appointment with one of our Illinois truck accident lawyers. Consultations are free.
