While any vehicle collision can be traumatic, a truck accident can be much more terrifying and cause you to suffer more serious injuries. You may know that you can pursue a claim against the negligent truck driver. However, there may be other parties at fault in causing your crash. An important party you want to file a claim against whenever you can is the trucking company who hired the trucker. One way the trucking company may have been negligent was in hiring the truck driver in the first place.
What Is a Negligent Hiring Claim Against a Trucking Company?
Businesses have a duty to exercise reasonable care in hiring employees. This is especially vital when a trucking company is hiring a truck driver given the size, weight, and complexity of driving a truck. In addition, a trucking company must follow detailed Federal Motor Carrier Safety Administration (FMCSA) regulations when hiring truck drivers, including keeping a driver qualification file. The trucking company must verify that applicants meet these basic requirements:
- Are at least 21 years old or older
- Can read and write English with enough ability to read signs, complete reports, and communicate with the public
- Have successfully completed written and driving tests required under federal regulations
- Have a valid Commercial Driver’s License (CDL)
- Pass a pre-employment drug test
- Possess a medical certification indicating that the applicant is medically qualified to drive a truck
In addition, a trucking company is required to conduct a thorough background check of truck drivers before hiring them. This includes taking these actions:
- Running a criminal background check
- Reviewing the driver’s complete driving record and his crash history for the last three years
- Contacting any employers that the truck driver worked for during the last three years to investigate his employment and crash history and to determine if he had any alcohol or substance abuse violations or issues
Following the federal rules regarding hiring qualified truck drivers is costly and time consuming. Some trucking companies cut corners and hire truck drivers who really do not have the qualifications and experience to safely drive a truck. An experienced truck wreck attorney will know the documents that are needed from the trucking company to determine whether you have a negligent hiring claim and will quickly send out a spoliation letter to prevent the trucking company from destroying evidence important to your claim.
Have You Been Injured In A Texas Truck Accident?
If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.