Semi trucks are some of the largest, heaviest, and most dangerous vehicles on the road. As a result, there are many regulations that require operators to undergo extensive training and certifications before they get behind the wheel. These same regulations also require truck drivers to retest periodically and to comply with ongoing driver education and training. Many truck drivers work for a larger company. These entities are subject to the same regulations when it comes to ensuring that their drivers have received appropriate training, have a good record, and are fit to get behind the wheel of these massive vehicles. Columbia truck accident attorney Matt Uhrig is committed to asserting the rights of victims who have been hurt because a trucking company or its employees caused an avoidable crash.Establishing the Liability of a Trucking Company for Negligent Hiring
Negligent hiring is a theory that may be raised in a personal injury case following a truck accident. It requires the plaintiff to prove that the defendant employer knew or should have known that the individual whom it hired was not fit for the position or incapable of performing his or her duties. Applied to a truck accident case, a negligent hiring claim focuses on whether the defendant trucking company knew or should have known that the truck operator was not properly trained, certified, or fit to operate a large semi truck.
There are regulations applicable to truck drivers that provide that an individual who has been in a certain number of accidents is no longer fit to operate a semi truck. A trucking company that hires a driver despite knowing that this person has been involved in too many accidents likely would be liable for negligent hiring. Also, when a company hires an independent truck driver to make a delivery, it may be liable for any damage that the driver causes if the company did not sufficiently investigate the driver’s fitness to perform the job.
After showing that the trucking company knew or should have known that the driver was not an appropriate hire, the plaintiff must prove that the defendant’s negligent hiring of the driver was the direct cause of his or her injuries. Generally speaking, this involves proving that had a properly trained or certified driver been behind the wheel, the accident would likely not have happened. Next, the plaintiff must show that he or she is seeking quantifiable damages that stemmed from the collision. Some common examples include medical expenses, lost wages, loss of future earning capacity, repairs to a vehicle, and pain and suffering.Contact a Columbia Attorney after a Motor Vehicle Collision
If you or someone in your family has suffered injuries in a truck accident as the result of a driver’s failure to operate the vehicle safely, you may be entitled to compensation. Columbia car crash lawyer Matt Uhrig can provide knowledgeable legal guidance to injured individuals throughout Missouri, including in Ashland and Jefferson City. He offers a free consultation to help you learn about your rights and options. Call us at (573) 657-2050 or contact us online to set up an appointment.