We represent parties injured in trucking accidents. Commercial trucking is a highly regulated industry, but, like in any industry, accidents are more likely when companies cut corners. Because there are so many truckers logging so many miles, accidents caused by those regulatory shortcuts become a statistical certainty. If you or a loved one has been injured as a result of trucking accident call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you at (800) 707-9577.
This blog post provides a useful overview of the possible claims to be made in the event of a trucking accident.
Negligent Hiring
Not everyone can be a commercial truck driver. Federal regulations aim at allowing only those qualified and safe behind the wheel. To satisfy these federal regulations, a driver must be physically fit and must have passed a DOT physical at hiring and every two years thereafter. A commercial driver also must have a commercial driver’s license, or CDL, which requires that the driver must have passed a specialized test. A driver must also pass drug and alcohol tests. Finally, the company should perform a thorough background check to assure that the driver has a record of safe driving.
There is a commercial driver shortage in the United States and companies are having an increasingly difficult time finding qualified drivers. As a result, some cut corners and put drivers behind the wheel that do not meet the above qualifications. Those regulations exist for a reason, however, and sometimes these unsafe drivers cause accidents. When they do, a claim of “negligent hire” arises.
Many trucking accidents are caused by drivers who are distracted, fall asleep or are under the influence of drugs. These are conditions that may have been detected in a physical, a drug test, or through a review of their driving record. If a company has put this driver on the road either because they failed to perform these necessary reviews or performed and then ignored them, then a claim of negligent hire is appropriate.
Obviously, neither the truck driver nor the trucking company is going to admit that they cut a corner after an accident resulting in injury. That is why contacting an experienced trucking accident attorney is vital. Once your attorney files a claim, he or she can either request “production” of the documents that should certify whether the federal requirements regarding trucker licensure have been met upon hire and renewed as required. He or she can also “subpoena” records, which is another word for using the power of the court to demand production. Either way, a legitimate trucking company should have a full complement of certification documents for every driver. Those records, if they exist, will be vital to a successful negligent hire claim.
What Should You Do if You or a Loved One is Injured In a Trucking Accident?
If you or a loved one has been injured or killed as a result of a trucking accident, a negligent hire claim may be your tool for receiving the care and compensation you deserve. Receiving that compensation will require consultation with an experienced trucking accident attorney. Hiring counsel lacking specific experience with Mississippi‘s laws will lead to frustration and a settlement that is a fraction of what you deserve—if you receive anything at all.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured. Let our seasoned Mississippi Personal Injury Attorney make a difference for you! Contact us now at (800) 707-9577 to get experienced counsel on your family’s side.
