The truck driver’s negligence may not have been the only factor in your truck accident. It’s also possible the driver was not properly licensed to drive a commercial truck in the first place. The latter is referred to as negligent hiring.
In this situation, you may be able to sue the trucking company that hired the driver.
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How Shaked Law Personal Injury Lawyers Can Help Following a Negligent Hiring Truck Accident
Truck accidents can occur anywhere, but they are more likely to occur in busy cities like Miami, FL. Being hurt in a truck accident is traumatic, and you can be out of commission for weeks, months, or even longer while you recover.
At Shaked Law Personal Injury Lawyers, we have experience with cases involving motor vehicle accidents, including car accidents, motorcycle accidents, and truck accidents. We are aware of your physical discomfort as well as the emotional shock you are going through. It is both expected and entirely understandable.
Nobody should experience what you did and then have to deal with the legal ramifications on top of an already stressful situation. Let us handle everything. When you select Shakes Law Personal Injury Lawyers, you will be hiring a law firm with over 100 years of combined experience, as well as the following qualifications:
- Board Certified Civil Trial Lawyers
- Members of the Multi-Million Dollar Advocates Forum
- Expertise Best Car Accident Lawyers
- National Trial Lawyers Top 100 Trial Lawyers
- Super Lawyers
When you contact our Miami truck accident attorneys, we’ll look into the accident independently and gather the evidence we need to support your claim. Call today. The sooner we begin, the sooner you can reclaim your life.
What Is Negligent Hiring?
A trucking company must take reasonable care in hiring a qualified truck driver with the required experience in accordance with the legal theory of negligent hiring. The responsibility of a trucking firm when hiring truck drivers is laid out in regulations established by the Federal Motor Carrier Safety Administration (FMCSA). All trucking companies must maintain a driver qualification file as evidence of their adherence to FMCSA regulations when hiring their drivers.
The trucking firm must conduct a thorough background check on the applicant. The check must attest to the basics, such as the trucker’s minimum age of 21, possession of a valid commercial driver’s license, and successful completion of the required written and driving examinations. The business must also take the following actions:
- Examine the trucker’s driving and accident history
- Investigate for criminal background
- Verify the driver’s history with regard to using illicit substances, alcohol, or prescription drugs
- Require a complete physical examination and a doctor’s note confirming fitness to drive a truck
- Contact the trucker’s previous three employers to learn more about their employment history, particularly any incidents of collisions or problems with substance misuse
Investigating a truck driver’s past can be quite time- and money-consuming. It demands that the trucking company make a concerted effort to get in touch with prior employers. Some businesses will employ a truck driver who is ineligible or lacks the skills necessary to safely operate a truck.
What Is Negligent Retention?
Negligent retention occurs when a trucking firm keeps a driver on staff who was once qualified but is now no longer allowed to drive. This could be due to the driver’s past accidents, drug or alcohol use, or health problems. The trucking company may be held liable for any accidents the driver causes if still employed with the company.
Our Miami personal injury attorneys can help you evaluate the situation to determine if negligent retention was a factor in your accident.
Call Shaked Law Personal Injury Lawyers After a Negligent Hiring Truck Accident
Has a truck accident caused injury to you or a loved one? By getting the truck driver’s qualification file and other supporting data from the trucking company, you might be able to hold them liable for negligent hiring or retention. Our Miami negligent hiring truck accident lawyer can help.
Call our Miami law offices right away to schedule a free consultation with one of the knowledgeable and experienced attorneys at Shaked Law Personal Injury Lawyers.
There is no time to waste. You only have two years from the accident date in Florida to launch a lawsuit (as of March 24, 2023 — prior to this date, the law gave you four years to file). You generally won’t be able to recover damages after that window closes.