What Is a Negligent Hiring Case Against a Trucking Company?

Large truck accidents in Missouri can wreak havoc on other road users and have catastrophic consequences. Trucking companies play a pivotal role in ensuring the safety of our roads. They are responsible for maintaining and operating their fleets, hiring qualified drivers, and supervising them appropriately. They should not engage in negligent hiring.

A negligent hiring case aims to hold employers accountable for failing to properly vet their employees after one of their drivers caused an accident that harmed someone.

Negligent hiring can have severe consequences. The victims of accidents caused by negligently hired truck drivers may suffer severe spinal cord damage, traumatic brain injuries, amputations, and even death.

Trucking cases can be complex and can involve many different parties. Having a skilled attorney working on your case is essential for working through the challenges that accompany a negligent hiring case. The experienced St. Louis truck accident attorneys at Goldblatt + Singer can handle your case involving a trucking company.

Understanding Negligent Hiring

Negligent hiring occurs when an employer hires someone who is potentially dangerous to others without doing reasonable research into the employee’s background and credentials. A company that hires a driver without adequately verifying the applicant’s criminal history, driving record, or other pertinent information that could reveal a tendency toward risky behavior could be considered negligent in their hiring practices in the trucking industry.

What Is Negligent Hiring?

According to the Federal Motor Carrier Safety Administration, trucking companies must abide by specific regulations when hiring. Those regulations include:

• Drivers must be 21 or older.
• Drivers must be in proper physical condition to operate a large truck.
• Drivers must be sufficiently fluent in English to understand traffic signs and signals, respond to official questions, talk with the public, and make entries on reports.
• Drivers must have a valid commercial motor vehicle license.

Companies must take appropriate measures to guarantee that their workers don’t endanger others through a screening process. This is especially true when those workers operate extremely dangerous vehicles. A trucking company can be held liable for any accidents that occur because it hired a driver with a history of reckless driving, substance abuse, or other red flags without proper vetting.

Truck driver negligence can endanger anyone on the roadways. According to the National Safety Council (NSC), in 2022, 5,837 large trucks were involved in a fatal crash.

It is necessary to ensure that drivers are not engaged in activities that put others at risk. Reckless activity includes.

• Reckless driving – Speeding, aggressive driving, and ignoring traffic laws
• Driving under the influence – Operating a vehicle while impaired by alcohol or drugs
• Fatigued driving – Driving for extended periods without adequate rest, leading to decreased reaction times and increased risk of accidents. The federal government has regulations that govern how long a driver can be on the road without stopping for a rest break.

When a trucking company hires a driver who is prone to negligent driving behaviors, it not only endangers the public but also exposes the company to legal liability.

Elements of a Negligent Hiring Case

The plaintiff must prove several elements to establish a negligent hiring case against a trucking company:

• Duty of Care – The plaintiff must show that the trucking company had a duty to hire safe drivers.
• Breach of Duty – The plaintiff must demonstrate that the company breached this duty by failing to conduct a reasonable investigation into the driver’s background.
• Causation – There must be a direct link between the company’s failure to vet the driver and the accident.
• Damages – The plaintiff must have suffered actual harm or losses due to the accident.

Negligent Hiring Practices in the Trucking Industry

Negligent hiring practices can take various forms in the trucking industry. Some common examples include:

• Failing to check driving records
• Inadequate background checks
• Ignoring medical examinations

Proving a Negligent Hiring Claim

The burden is on the plaintiff to prove the company engaged in negligent hiring practices. A successful case requires strong evidence that shows the company engaged in negligent practices. A skilled attorney will know what kinds of evidence you need and can gather that evidence on your behalf. They can:

• Gather evidence – Obtain records related to the hiring process, including job applications, resumes, conducting background checks, and interview notes.
• Interview witnesses – Speak with current and former employees who might have insights into the company’s hiring practices.
• Expert testimony – Talk to experts who can testify about industry standards for hiring and how the company’s practices fell short.
• Document losses – Compile medical records, repair bills, photographs, and other documentation demonstrating the extent of the harm the injured person suffered.

Legal Consequences for Trucking Companies

Trucking companies found liable for negligent hiring can face significant legal and financial consequences. These may include:

• Compensatory damages cover medical expenses, lost wages, pain and suffering, and other costs incurred by the victims.
• The court awards punitive damages when an at-fault party is grossly negligent. The damages are intended to punish the company and deter similar conduct in the future.

To avoid negligent hiring claims, trucking companies must implement robust hiring practices. Here are some best practices:

• Conduct thorough background checks
• Verify qualifications
• Perform regular reviews
• Implement training programs

A St. Louis Truck Accident Attorney Can Handle Your Case

Negligent hiring is a serious issue that can have devastating consequences, especially in the trucking industry. Trucking companies must ensure that their drivers are qualified, competent, and safe. They put everyone at risk if they fail to honor this duty. Suppose you were injured in an accident caused by a driver who was engaged in negligent hiring practices. In that case, the experienced attorneys at Goldblatt + Singer can work to hold the trucking companies accountable for their actions.

An experienced personal injury lawyer can manage the complexities of your case for you and seek the compensation you deserve. For more information and assistance with your case, contact our experienced team at Goldblatt + Singer in St. Louis, call our offices at (314) 231-4100, or contact us online. We are dedicated to holding negligent parties accountable and pursuing justice for our clients.

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