The commercial trucking system is one of the main ways that goods are transported across the country. However, the ability of a trucking company to make money is contingent upon a driver’s ability to make a trip in the minimum amount of time and return for another haul. This requires long hours in the truck, away from family, and relatively isolated. For all of these sacrifices, the rate of pay is not particularly high. This has resulted in a shortage of qualified truck drivers in the United States and pressure on the trucking companies to find people to operate the large, challenging tractor-trailers. This may lead to short-cuts with devastating consequences.
When a trucking company makes the wrong decision and hires a driver who poses a danger to other people on the road, the company may be responsible for the harm that is caused by the driver in a collision. In order to be liable for the harm that was done, the trucking company must have:
- A duty to ensure that the driver had the skills and appropriate driving record to drive the tractor-trailer;
- Breached that duty by hiring a driver who had red flags in his background and putting him behind the wheel of a commercial truck;
- Been the proximate cause of the harm that was done to the victims of the accident by negligently hiring an unqualified driver; and
- Caused actual harm to the victims as a result of the preventable crash.
In order to avoid this liability, a trucking company must carefully screen its employees. Federal regulations require that a trucking company perform background checks on new employees in order to check for things such as a criminal record, a history of reckless or aggressive driving, or other indicators that the driver would be a safety hazard on the road. Specifically, the trucking company must analyze the potential driver’s background to determine:
- Whether the driver has the training and qualifications to operate the type of the tractor-trailer that he would be driving;
- Whether the driver had a history of substance abuse, including prescription medication, illegal narcotics, or alcohol;
- Whether the driver has a history of unsafe driving; and
- Whether the driver had any DUI convictions.
When an accident happens, the victim may be able to hold both the trucking company and the truck driver responsible for the harm that he suffered. However, it is critical to investigate carefully the facts of the case in order to demonstrate that the company’s negligent hiring was part of the cause of the accident – this is not a simple matter. It is necessary to examine the records of the trucking company, review whether or not the company outsourced the background check to a qualified investigation entity, analyze the logs and other records, and pour over the accident reports in order to build a strong case. It is important to have the right attorneys because they need to collect the evidence quickly and effectively as the trucking companies only are required to maintain documents for a limited amount of time.
Barrett Law PLLC Gets Justice for Truck Accident Victims
When a truck collides with a car or other passenger vehicle, the damage to the car often is serious, leading to severe injuries to the driver and any passengers in the car. Frequently, these victims require emergency medical care, long-term treatment, and modifications to the home and vehicles. The dedicated and experienced Mississippi Truck Accident Attorneys at Barrett Law PLLC understand how to build a case that will get victims the best possible results after a devastating crash. We are available to discuss what happened to you in a free and confidential consultation. To schedule a time to meet, please call us at (800) 707-9577.