Truck Accident Due to Negligence of Employer and Training
Trucking companies have a legal duty to make sure that the drivers they employ have sufficient training and operate their rigs safely. If the company does not thoroughly screen or train its drivers during the hiring process or if it fails to monitor its drivers’ records throughout their employment, the carrier may be liable for negligent hiring or inadequate training if its employees wind up causing a truck accident.
If you or your loved one were recently involved in a truck accident, you may be entitled to financial restitution if the trucking company or driver was negligent. To discuss your legal options and for help obtaining a settlement for your losses, Contact New York Car Accident Lawyer at the The Rybak Firm, PLLC for a free consultation: Call 24/7 (718)-307-5554.
What types of human resources practices would constitute negligence?
In order to operate an 80,000-pound semi-truck safely, adequate driver training is obviously a must. In § 391.11, the Code of Federal Regulations lists some of the basic requirements that the truck driver must have. Drivers must:
- Be at least 21 years of age
- Have a commercial driver’s license
- Speak and read English
- Prove they can operate the vehicle safely
- Be physically qualified to drive a commercial motor vehicle
- Provide their employers with a list of their violations
If a company employs a driver that does not meet these requirements, it constitutes negligence. Below are some of the common human resources practices in trucking companies that is considered negligence:
- Failing to ensure the driver was capable of safely operating the truck
- Not doing a criminal background or driving record check on a prospective driver
- Hiring an underage driver or one that does not have the required medical clearance
- Hiring a driver with a poor driving history
- Keeping a driver on staff even after the driver violated a major safety rule, such as driving while under the influence
- Failing to impose sanctions on a driver for committing safety violations
- Having a driver on staff who regularly fudges his logbooks
What do I need to prove negligence and liability?
Unqualified or untrustworthy truck drivers should not be on the road. They put everyone at risk. If a truck driver caused the car accident, then you might be able to file a claim or lawsuit against the trucking company to recover your damages.
In order to do so, you will need to have proof that the carrier was negligent in its hiring or employment practices. You can accomplish this with evidence such as:
- The driver’s employee file
- The driver’s credentials and certificates (or lack thereof)
- The driver’s logbook or truck maintenance file
- The driver’s criminal record and/or driving record
It can be difficult to identify and gather the documents you need to prove liability and win your case, but it is important to take action right away before important evidence is lost or destroyed.
You will want to consult a accident lawyer NY that handles truck accident cases. The attorney will help you collect the evidence you need to support your case. For immediate assistance, call our Brooklyn accident lawyer at 718-307-5554.
How can The Rybak Firm, PLLC benefit my truck accident case?
When you enlist in our services, we will dig deep into the driver’s history and the trucking company’s policies. Our personal injury law firm’s injury lawyer NYC team will work quickly to preserve evidence and try to uncover any violations, citations, and negligent practices that are pertinent to your case. We will then start pressing forward to hold the company accountable for putting such a dangerous driver behind the wheel.
We will also create a comprehensive list of your damages so that you receive an appropriate settlement award. You can recover damages for your current and future medical bills, lost wages, disfigurement and disability, pain and suffering, mental anguish, and loss of quality of life. If your loved one died in a truck accident, we can work with you to file a wrongful death claim to recover damages, as well.