Is Negligent Hiring Contributing to Truck Accidents?

Feb 19,2018

Trucking companies are beholden to the Federal Motor Carrier Safety Regulations (FMCSRs). These regulations outline hiring rules, as well as limits on the number of hours drivers can be behind the wheel. If companies fail to abide by the hiring regulations, they can be held liable for negligent hiring if a driver causes an injury.

Requirements for Hiring a Truck Driver

Before hiring a driver, the trucking company is required to conduct a background check on the potential hire. They must also check the driver’s motor vehicle record, and ensure the driver has a commercial driver’s license. The driver must also undergo a medical examination.

Trucking Company Liability

Trucking companies owe a duty of reasonable care in hiring drivers. Thus, failing to follow the FMCSR guidelines can be considered negligence if the driver causes an accident and injures someone. Additionally, trucking companies can be considered negligent if they continue to employ a driver who is incompetent or unsafe. The company could also face punitive damages if the employer knew about the driver’s incompetence or dangerous driving for a long enough time that it could be considered mindful disregard.

With the increasing demand on the trucking industry, negligent hiring is not an uncommon practice. Trucking companies are hiring drivers at an alarming rate, and there is a high likelihood that they are bypassing regulations to do so. Since 2009, trucking accidents have increased by 17%.

“Negligent hiring is a problem in any industry, but it is especially dangerous in the trucking industry, where lives are constantly on the line,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in a truck accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.