Truck accidents are often far more dangerous and destructive than the average auto accident. Trucks are enormous, heavy vehicles, and a bad accident could cause multiple injuries or even deaths. If the trucker who caused the accident is found to have been unfit for the job, their employer might be liable for negligently hiring them in the first place.
To prove negligent hiring, we must prove how the trucker who caused the accident should not have been hired for the job and that their employer should have known better. Truckers need a specific set of skills to perform their job safely. If the trucking company fails to ensure that the trucker has the proper qualifications, it may be held liable. Not only that, but the employer’s failure should be the direct cause of the accident, which should have been a foreseeable consequence. One example of negligent hiring might involve truckers who were intoxicated during an accident and have a history of DUIs that their employer should have seen during a background check.
Speak to our Dallas truck accident lawyers by calling The Queenan Law Firm at (817) 476-1797 and get a free review of your case.
Negligent Hiring in Truck Accident Cases
In many truck accident cases, it is determined that negligent truckers are responsible. In many cases, their employers may also be held responsible for negligently hiring the trucker in the first place.
Negligent Hiring Defined
Negligent hiring is a specific type of legal claim you may file against the employer of the person who caused the truck accident. This kind of claim may arise if we believe the trucker was unfit for their job, and their employer was negligent in hiring them.
Qualifications Needed for Truckers
Truckers must have a specific set of skills and qualifications to do their job. They must be capable of operating a large truck safely, and they must be properly licensed and trained. If a trucking company knows that a person cannot drive a truck safely for any reason yet hires them anyway, the trucking company may be liable for negligent hiring.
Elements of a Negligent Hiring Claim for a Truck Accident
To prove claims of negligent hiring, our Abilene, TX truck accident lawyers must focus on gathering evidence that establishes specific legal elements.
Duty & Breach
First, we must prove that the defendant had a legal duty to hire a qualified truck driver. Truckers should be physically and mentally fit enough to operate a large truck safely, and employers have a duty to make sure that employees are qualified.
Causation
Next, we must show that the defendant’s failure to hire a qualified trucker is the direct cause of the accident. This is somewhat tricky, as we must show the employer’s failure is the direct and proximate cause of the accident. For example, if the trucker in your case was intoxicated when they caused the accident, we would need to prove that their employer knew they had a history of DUIs and hired them anyway.
Damages
Finally, we must show that the accident and harm you suffered were foreseeable because of the defendant’s failure. An alcohol-related accident is clearly a foreseeable consequence of hiring a trucker with a long history of DUIs and driving drunk.
How to Prove Negligent Hiring in a Texas Truck Accident Case
Evidence to support your claims and prove the above-mentioned elements may come from the scene of the accident and the defendant’s business records.
Employees Only
We must prove that the truck driver was an employee of the defendant. This may sound simple, but we require hard proof of employment. We may need access to the defendant’s business records via the discovery process.
Proving Unfitness
We must prove that the truck driver was somehow unfit for the job. Did they have a history of drug and alcohol related traffic violations? Were they unlicensed to operate a truck? Do they have a history of road rage incidents? Whatever the case may be, we need to prove that they should not have been hired.
Proving Employer’s Knowledge
We must prove that the defendant knew or reasonably should have known that the truck driver was unfit for the job, yet hired them anyway. Often, truckers must pass background checks where driving records are scrutinized. If they failed a background check or their employer did not perform one, we need proof.
Negligent Retention in Truck Accident Cases
Another claim that is similar to negligent hiring is negligent retention. This differs from negligent hiring because, in a negligent retention case, the defendant might not know that the truck driver is unfit for the job until after they have begun working.
Examples
Suppose the defendant discovered that the trucker was unfit to work or had committed a fireable offense (e.g., causing an accident, driving while intoxicated), but chose to ignore it. In that case, they may be held liable for negligent retention.
Evidence
There may be records of complaints filed against the trucker by coworkers or people involved in accidents with the trucker. Can we prove that the defendant chose not to fire the trucker despite evidence of their inability to do their job safely? If so, you might have a strong case.
Accidents Involving Claims of Negligent Hiring
While negligent hiring claims may arise under various circumstances, certain kinds of truck accidents tend to involve these claims more often.
Negligent hiring claims often arise in cases of accidents caused by intoxicated truckers. Often, plaintiffs learn that the trucker has done this before, and that their employer either ignored their history of alcohol abuse or knowingly hired them in spite of it.
Another common scenario involves truckers who do not have a valid CDL. A trucker must be properly trained and licensed to drive a truck. If they do not have a CDL or it expired a long time ago, their employer has a duty to either make them renew their license or fire them.
Evidence We Need in a Truck Accident Case to Prove Negligent Hiring
One of the first things we should do after filing your lawsuit is to request certain business records during the discovery process. The defendant’s business records may be extremely important, especially if there are documented records about how and why the trucker was hired.
We should also check for police reports regarding past violations or offenses committed by the trucker. For example, if the trucker was intoxicated, do they have a history of DUIs? The police may have records of such complaints.
We may also need extensive testimony. Did the trucking company say why they chose to hire the trucker? Can other truckers testify about reporting complaints or whether the negligent trucker was openly known to be unfit for the job? Your attorney can help you interview witnesses.
Get Legal Support from Our Texas Truck Accident Lawyers
Speak to our Odessa, TX truck accident lawyers by calling The Queenan Law Firm at (817) 476-1797 and get a free review of your case.