Truck Accident Due to Negligent Hiring
Experienced Truck Accident Attorney in Vero Beach, FL: Keith Bregoff
Florida’s trucking industry contributes to a large part of our commerce, transporting goods across the country, increasing our financial equity, and employing thousands. At the Law Offices of Keith Bregoff, our Vero Beach, FL attorney knows that not all trucking companies are screening drivers with the scrutiny necessary to ensure public safety. In some cases, these practices are even illegal.
Large commercial trucks, school buses, and limousines are all capable of doing substantial amounts of harm if driven improperly. These large, heavy vehicles are multiple times heavier than the average sedan and require special licensing and training to drive safely. Not only should drivers be trained well, but they must also have safe driving records and records free from substance abuse. When companies hiring commercial drivers fail to ensure that their drivers meet these basic standards of safety, they may be putting other roadway occupants at risk.
If you have been involved in a truck accident due to negligent hiring practices, our attorney can help you hold the driver and the trucking company responsible for their risky, dangerous, and unlawful behavior. We have successfully represented Florida residents in cases involving negligent truck driver hiring practices for over two decades and can help you recover fully, too.
Employers may be held legally responsible for hiring dangerous drivers
The legal concept of respondeat superior dictates that employers are legally responsible for what their employees do while they’re on the job. If a commercial truck driver causes a serious accident while driving drunk or at an unsafe speed, the company employing the driver can be held responsible for the losses that driver causes. However, even before a driver causes an accident, the companies that hire them have a duty to ensure that the driver is safe on the road, showing no likelihood of causing a major accident. If a post-crash investigation reveals that the driver had a history of alcohol abuse or a record of repeated involvement in accidents, this information could support a claim for negligent hiring against the company that employed the driver.
Aren’t Trucking Companies and Their Hiring Practices Federally Regulated?
The Federal Motor Carrier Safety Administration (FMCSA) has created a detailed set of regulations governing the licensing and practices of commercial truck drivers and their employers. Among these regulations are rules mandating that carrier companies maintain detailed records on each of their drivers, noting any traffic citations they receive, arrests, or involvement in any accidents. When investigating a claim against a negligent truck driver, personal injury attorneys can use these records to prove that companies were negligent to keep a driver on staff who clearly posed a danger while behind the wheel of a massive vehicle. Our Vero Beach truck accident lawyer has years of experience investigating and prosecuting claims against negligent trucking companies and dangerous drivers. Contact our offices as soon as possible after a serious Florida truck accident to learn how you can pursue your claims against a dangerous truck driver.
The Federal Motor Carrier Safety Administration, or FMSCA, regulates the standards required for trucking companies to hire and retain truck drivers.
These standards include:
- Driver’s undergoing and passing medical evaluations
- Driver’s undergoing and passing background checks
- Regular driver drug testing procedures
- Continuing education and testing mandates
- Ensuring drivers are have a proper commercial driving license, or CDL
- Provide or ensure proper certifications and training information has been completed
- Checking the driver’s history for any past tickets, accidents, or criminal convictions for driving under the influence of alcohol or narcotics
- Completion of federally mandated paperwork, including a valid Department of Transportation medical card
- Proof of Social Security Number
- Proof of U.S. citizenship or lawful permanent resident status
Do All Trucking Companies Abide by The FMCSA Standards?
By law, trucking companies are required to abide by all FMCSA hiring standards. While it is not illegal to hire inexperienced or underqualified drivers, doing so poses a huge risk to the general public’s safety, and opens the doors for fines and reprimands from the FMSCA.
It is illegal for trucking companies to bypass any of the required standards listed above. If a driver is hired – and he or she did not meet the federally mandated criteria – the trucking company becomes responsible for any truck accident due to negligent hiring they are involved in.
How Can the Law Offices of Keith Bregoff Help?
Truck accidents due to negligent hiring can cause severe injury to those who become the victims of these unlawful employment tactics. The causes of these accidents are typically the result of trucking companies relaxing their hiring practices to keep their businesses running at an optimal level – creating serious dangers for other motorists in the paths of their negligently hired drivers.
If you have been hurt in an accident with a negligently hired truck driver, we can help you recover by pursuing the trucking company for the damages related to your case.
These areas of recovery can include, but are not limited to:
- Current and long-term medical care
- Current and future lost wages
- Property damage
- Short and long-term disability
Call Our Experienced Vero Beach, FL Truck Accident Attorney Today to Schedule a Free Consultation
If you or a loved one has been involved in a truck accident due to negligent hiring, contact our Vero Beach, FL attorney today at (772) 492-8967 to schedule a free consultation. We have nearly 25 years of experience in representing personal injury clients, and successfully acquiring a financial settlement on their behalf. Call us now to find out how we can help you.