In many truck accident claims, a trucking company can be held liable if a truck driver’s negligence caused the crash under the legal theory of employer liability or “respondeat superior.” In plain English, employers can be held liable for the negligence committed by their employees in the course and scope of an employee’s job duties. However, a trucking company can also be held liable for its own direct negligence that caused or contributed to a truck crash.
One of the most common forms of direct negligence by a trucking company involves negligent hiring, supervision, and entrusting of the truck driver, which alleges that the trucking company hired or retained a driver who posed a substantial risk of causing an accident. Proving the trucking company’s direct negligence may be necessary if the truck driver and trucking company do not have a traditional employer-employee relationship that would permit the imposition of respondeat superior liability.
To learn more about obtaining compensation for negligent hiring, supervising, and/or entrusting of a truck driver, reach out to Brauns Law Accident Injury Lawyers, PC for a free initial case evaluation. We can help you learn more about how a truck accident attorney from our firm can assist you with holding the trucking companies accountable for their negligence after you have been injured in a truck crash.
What Is Negligent Supervision?
Negligent supervision occurs when an employer fails to use due care in training and overseeing the on-the-job actions and behavior of the employer’s workers. An employer can be held liable for injuries caused by employees that the employer negligently supervises or oversees.
Examples of Negligent Hiring, Supervision, and Entrustment
Trucking companies can commit a wide range of mistakes or errors in hiring truck drivers, supervising their conduct on the job, and entrusting them with vehicles and equipment. Examples of negligent hiring behaviors by a trucking company include:
- Failing to examine an applicant’s driving record to confirm that they are licensed to operate a commercial truck and do not have a history of accidents or other safety issues
- Not conducting a background check on an applicant
- Failing to conduct pre-service drug and alcohol testing
- Not requiring applicants to undergo required medical fitness screening
Examples of negligent supervision or entrustment by trucking companies include:
- Failing to regularly examine truck drivers’ driving records to make sure they have not committed any recent traffic infractions, on or off the job
- Not conducting a random drug testing program or to test drivers suspected of drug/alcohol abuse
- Failing to maintain up-to-date employment records for drivers
- Failing to keep a log of incidents or complaints and not investigating people’s complaints about the trucking company’s drivers
- Not providing adequate training in operating certain types of commercial trucks or properly securing cargo loads
- Not requiring drivers to file required reports and documentation, such as hours-of-service logs or pre-trip inspection reports
- Not suspending or terminating drivers who are diagnosed with medical conditions that render them unsafe to operate a commercial truck
- Encouraging or requiring drivers to engage in unsafe or reckless driving behaviors, such as speeding, aggressive driving, or exceeding hours of service limits
- Allowing drivers to choose their own routes or not requiring drivers to stick to routes that have been confirmed as safe by the trucking company
- Not imposing disciplinary measures against drivers who engage in unsafe behaviors, including not terminating a driver whose actions indicate that they pose a substantial risk of causing an accident
Evidence in a Direct Negligence Claim Against the Trucking Company
To prove that the trucking company’s negligence in hiring, supervising, or entrusting a truck driver played a part in causing the crash that you were injured in, you may need to rely on various pieces of evidence, such as:
- Testimony from the truck driver and other employees of the trucking company
- The truck driver’s employment, disciplinary, and driving records
- The trucking company’s written employee policies
- Records of the trucking company’s investigations into prior complaints about the truck driver
- The truck driver’s hours of service logs
- The truck driver’s medical certification records
- Records of alcohol screens performed on the truck driver
- Cargo or freight manifests
- The truck driver’s pre-trip inspection reports
- The trucking company’s dispatch logs
- Logs from the truck’s event data recorder or “black box”
What Compensation Can You Recover from the Trucking Company?
After a truck accident, you will likely want to pursue compensation from the trucking company, since the trucking company typically has more substantial financial resources and insurance coverage than individual truck drivers. If you prove that the trucking company negligently hired or supervised/entrusted a truck driver, allowing them to operate a commercial truck on the road and injure you in an accident, you may be entitled to file a claim for financial recovery for your expenses and losses, including for:
- Expenses incurred to repair your vehicle
- Payment of the cash value of your vehicle if it was totaled
- Costs of your medical recovery from injuries you suffered in the accident, including ER and hospital care, surgeries and other procedures, prescriptions, or physical/occupational therapy
- Lost income if you miss work during your recovery from the accident
- Loss of earning capacity due to permanent disabilities that result from your injuries
- Pain and suffering
- Lost quality of life because of disabilities/impairments or scarring/disfigurement that adversely affects your daily living
Some of these losses are difficult to prove on one’s own, which is why it’s important to work with an experienced truck accident lawyer as you begin pursuing your case.
Contact a Truck Accident Lawyer for Help with Pursuing a Legal Claim for Compensation from the Trucking Companies
If you were injured in a truck accident, you could be entitled to financial recovery from the trucking company under a claim of negligent hiring, supervision, or entrustment. Contact Brauns Law Accident Injury Lawyers, PC today for a free, no-obligation consultation with a truck accident lawyer. We look forward to discussing your legal options for seeking accountability and justice for your injuries.
