If you were injured by a truck driver who should not have been hired, the trucking company may share responsibility for the crash. A negligent hiring claim looks at what the company knew, what it failed to check, and whether proper screening would have kept an unsafe driver off the road.
Contact a Chicago truck accident attorney to pursue financial compensation for damages and injuries.
Call our firm at (312) 701-0090.
When Hiring Decisions Become Part of an Accident Claim
Negligent hiring focuses on the company’s actions before the crash. The issue is whether the company made a dangerous hiring decision in the first place, which could have prevented the crash. For example, negligent hiring can include a driver who had:
- Prior crashes involving unsafe driving.
- A suspended or revoked license.
- Repeated moving violations.
- A history of impaired driving.
- Failed or refused drug or alcohol tests.
- Medical qualification problems.
- Prior safety violations with another motor carrier.
- Limited experience with the type of truck involved.
These facts can show that the company had reason to question whether the driver belonged behind the wheel.
A Trucking Company’s Duty
The Federal Motor Carrier Safety Administration (FMCSA) has rules requiring motor carriers to maintain a driver qualification file for each driver. That file must include items such as the driver’s application, motor vehicle records, road test documentation or an accepted equivalent, annual driving record reviews, and medical certification information.
FMCSA guidance also states that carriers must contact states where the driver held a license during the past three years to obtain motor vehicle records, place those records in the driver qualification file, and review updated records each year. Red flags that a trucking company did not perform due diligence may include:
- Missing driver qualification documents.
- No proof of a driving record review.
- Gaps in employment history.
- Prior crashes involving similar conduct.
- Past citations for speeding, following too closely, or unsafe lane changes.
- Drug or alcohol issues that required closer review.
- No meaningful review of prior motor carrier employment.
What Compensation Can I Recover After a Truck Accident?
A negligent hiring truck accident claim may seek compensation for the physical, financial, and personal harm caused by the crash. This may include emergency care, surgery, rehabilitation, future treatment, lost income, reduced earning ability, pain, mobility limitations, emotional distress, vehicle damage, and possibly more.
If the company’s hiring conduct was particularly egregious, the court may also award punitive damages. This type of compensation is a punishment and meant to deter other companies from similar conduct.
Why Hiring a Lawyer is Critical in Negligent Hiring Cases
Without legal pressure, the trucking company may control the most important proof in your case. A Chicago personal injury lawyer can send preservation demands, request the driver’s hiring file, investigate prior safety problems, and take steps to prevent key records from disappearing.
An attorney can also handle the insurance claim from start to finish, including communications with adjusters, medical bill submissions, settlement negotiations, and responses to attempts at reducing your compensation. This allows you to focus on treatment, knowing your rights are protected.
Get Legal Help Today
Call Mark L. Karno & Associates, LLC at (312) 701-0090 or contact the firm online today for a free consultation to discuss your case.