Truck mishaps are becoming more common than ever and the number of casualties is on a rise as well. The sheer size, weight, and volume of these vehicles make the accidents more dangerous than any other type of road wrecks. Obviously, the drivers on the road go the extra mile to keep themselves safe. But it is the responsibility of trucking companies to take the requisite measures to prevent such mishaps in the first place. While keeping the vehicles in good shape is one aspect, they need to be careful about, ensuring that they have the best drivers on board is equally important. When commercial vehicle accidents happen due to the negligence of drivers, the trucking company can be held liable. So, they must be extra careful about some factors to steer clear of the following implications.
Negligent hiring
A trucking company has the responsibility of thoroughly screening every commercial truck driver they hire. Checking their driving records for traffic violations, suspensions and any other red flags come under the clause of “due diligence.” Businesses that fail to do it may end up facing negligent hiring claims if an incompetent driver later gets into an accident. Additionally, they can also face a similar claim if they do not verify relevant aspects such as the drivers’ hearing and vision or their ability to handle stressful situations and make key judgments on the road. It is evident that physical competence is as important as skills when it comes to hiring of truckers.
Negligent entrustment
Another form of claim that a trucking company may come across is for negligent entrustment. Essentially, it means that the business knew or must have known that the truck driver was not capable of handling the vehicle and still entrusting them with the job would be an unreasonable risk. They may be considered liable for negligent entrustment if the driver’s history indicates that they may cause an accident. Expert truck accident lawyers point out that a driver’s history of DUI accidents certainly makes an accident foreseeable for the trucking company. And if they still put such a person behind the wheel and a mishap takes place, the victim can sue them.
Negligent retention
Negligent retention, as the name implies, refers to a situation when an employer retains the employee despite being aware of his or her incompetence or carelessness. A trucking company can face a legal claim for negligent retention if the driver initially appeared to be suitable for the job but later had his driver’s license suspended or got a citation for a traffic violation but the company continued to employ him. According to the Federal law, trucking companies must suspend such truck drivers from operating commercial vehicles if they are convicted of certain crimes. These include causing a fatality while driving, DUI and felony.
Businesses of all types need to be extra careful about hiring competent employees who are capable of doing their duties with responsibility and care. This is all the more important for trucking companies because the negligent actions of their employees can endanger lives on the roads. Hence, they must go the extra mile to have only the best drivers so that they can stay out of trouble themselves and do their bit for making roads safer.
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