Negligent Hiring and Retention Lawyers
In This Article
Many truck accidents are the direct result of the driver’s negligence, such as when they are driving drunk or driving while fatigued. But what happens when a driver has a history of negligent driving? Who is liable if a negligent driver is hired or kept on board?
Trucking companies must follow stringent rules when hiring drivers. However, due to a shortage of reliable drivers, many trucking companies choose to break hiring and retention guidelines, allowing under-qualified drivers to operate on the road. Such unsafe business practices can result in an increase in truck accidents. Due to the size and weight of commercial trucks, these incidents can often be highly serious or fatal.
The Truck Accident Attorneys at Fried Goldberg have extensive experience dealing with commercial trucking companies in complex litigation. We know how the laws governing trucking companies affect liability in an accident setting. Over the years, we have achieved successful settlements and verdicts for our clients based on our understanding of nuanced rules like negligent hiring laws.
Trucking Accident Verdicts and Settlements
In the past ten years, our attorneys have secured over 100 verdicts and settlements in commercial vehicle cases exceeding $1 million each. Victories for our clients have included:
$31 Million secured in a wrongful death claim involving an adult and two children who were killed in a rear-ending accident.
$11 Million won for a man who suffered severe burn injuries when a work vehicle lost control and crashed into his building.
$20 Million returned for a man who sustained a permanent brain injury after a tractor-trailer ran a red light and struck his car.
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What is Negligent Hiring? (Negligent Hiring Definition)
Trucking companies owe a duty to the public to exercise reasonable care when hiring truck drivers. Failure to follow the hiring guidelines set forth by the government can result in devastating consequences for other drivers on our roads.
Negligent hiring in a commercial trucking setting occurs when an employer knew, or should have known, that an employee was unfit for the position in a way that they might create danger or harm to other people.
In order to prove negligent hiring, it must be shown that the employee’s unfitness was known at the time of hiring. It must also be shown that their unfitness was the cause of the injuries in question.
Negligent hiring is also closely related to “negligent retention.” This is where a trucking company retains (keeps) an existing employee who they know or should have known is unqualified or presents safety issues to the public.
What is an Example of Negligent Hiring?
A common example of negligent hiring is where an employer knowingly hires a truck driver who has a recorded history of repeated drunk driving cases. If the driver then causes an accident while driving drunk, the employer could be held liable for injuries caused by the accident.
Another common occurrence is where an employer hires a commercial truck driver who they know lacks the proper licensing to operate a commercial truck.
Thus, if you get into a trucking accident, and the driver is employed by a trucking company, yet fails to provide a valid license, that may be an indication that the company has negligent hiring issues. In such cases, the advice and guidance of an attorney can be extremely valuable. Contact the lawyers at Fried Goldberg at (404) 591-1800 if you need any legal representation for a claim.
General Requirements for Truck Drivers
A large percentage of negligent hiring and negligent retention cases have to do with truck driver requirements. Truck drivers in all states must satisfy various requirements in order to operate legally as commercial drivers.
General Requirements for driver qualification files include:
- Passing road test requirements
- Having a valid commercial driver’s license (CDL)
- Passing a background check (including criminal and DUI requirements)
- Obtaining a certificate of approval from a medical examiner
If an employer hires an employee who hasn’t met any state or federal requirements, they could be held liable under negligent hiring laws.
Why Filing a Negligent Hiring Claim is Important
If you’ve been in a truck accident where you suspect negligent hiring may be an issue, it’s important that you contact a lawyer and file a claim. Negligent hiring lawsuits help expose unsafe trucking practices and can reveal company-wide behavior that may be unsafe or even fraudulent.
Filing a negligent hiring lawsuit can also:
- Prevent trucking accidents from happening in the future
- Elevate the safety and work quality standards for the trucking industry
- Provide injured parties with relief for losses caused by an accident
Specifically, negligent hiring lawsuit damages can cover:
- Costs associated with medical and insurance bills
- Lost wages or loss of an ability to earn wages
- Loss of enjoyment of life or loss of consortium
- Property damage caused by an accident
Punitive damages can be available in cases where an employer’s incompetent hiring is deliberate or particularly hazardous.
Note that you don’t have to be in an accident to report negligent hiring or negligent retention practices. If you discover that a trucking company has unsafe hiring practices, you should file a complaint with local enforcement authorities, business bureau, or a lawyer who can help look into the matter more for you.
Hire a Lawyer for Help with a Negligent Hiring Lawsuit
Trucking accidents can involve many different causes and factors, including company-wide policies that allow unsafe drivers to remain on the road. If you’ve been in a trucking accident, a lawyer can help investigate your case to determine if there are any issues with the trucking company.
At Fried Goldberg, we provide each of our clients with the prompt, personalized attention needed for successful litigation. We work hard to ensure our clients receive the compensation they deserve, and keeping our roads safe is a top priority of ours. Contact us at (404) 591-1800 for a free, no-obligation consultation regarding your claim. Getting the process started is the first step in moving forward with your life.
Negligent Hiring and Retention FAQs
How is Negligent Retention Different from Negligent Hiring?
Negligent retention has to do with the employee keeping an existing employee onboard, even though they know they don’t have the proper credentials or if they did something that requires they be terminated.
An example of negligent retention is where an employer discovers that a current truck driver’s license has been permanently suspended and can no longer operate a commercial vehicle. If the employer knows this, yet chooses to keep the employer on their team as a driver, it can lead to a negligent retention claim in the future.
What Are the Components of Negligent Hiring Practices?
- The employee was somehow unfit or incompetent to perform the trucking duties they were hired for
- The employer knew or should have known that the employee was unfit or incompetent, in a way that it created a risk of harm for others
- The employee’s incompetence caused actual harm or injury to someone
- The employer’s hiring or retaining the employee was a major factor in the injury
Proving a negligent hiring case can be a complex matter which requires the assistance of a trucking attorney. Contact us for a free, no-obligation consultation on your case.
What is a Negligent Hiring Claim?
Negligent hiring lawsuits often allow the injured party to pursue a greater range of damages, as a trucking company may have more financial backing than an individual truck driver.
How Can a Trucking Accident Lawyer Help Me?
An experienced truck accident attorney can help gather evidence, interview key witnesses, and obtain the records needed to prove liability on behalf of the injured party.
“I was a victim of a serious crash that caused a spinal cord injury and lifelong paraplegia. This accident was caused by an irresponsible truck driver that crashed into my motorhome from behind. Joe Fried was brought into my legal team as a truck accident expert attorney, which he is. In fact, not only is he brilliant in his knowledge of the trucking industry, he is the epitome of what a great attorney should be.”
– Jose P.
“Adam Smith was hands-on with my case. He always answered all my calls no matter what time of day it was. I will be recommending him to all my friends from this point forward.”
– Quintella P.
Additional Practice Areas
At Fried Goldberg, we handle a broad range of injury cases and claims. Click on the links below to view our other practice areas:
The Truck Accident Attorneys
The Truck Accident Attorneys at Fried Goldberg LLC devote at least 75% of their caseload to representing the victims of accidents involving tractor trailers and other commercial vehicles. Our extensive experience with the laws governing the trucking industry is the reason we are routinely successful at taking on trucking companies when someone is seriously injured.
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In This Article
The Truck Accident Attorneys
The Truck Accident Attorneys at Fried Goldberg LLC devote at least 95% of their caseload to representing the victims of accidents involving tractor trailers and other commercial vehicles. Our extensive experience with the laws governing the trucking industry is the reason we are routinely successful at taking on trucking companies when someone is seriously injured.
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Our experienced attorneys have represented individuals who have been seriously injured. We are proud of the outstanding reputation we have within our industry and our track record of success, which sets us apart. In particular, we have recovered a total of nearly $350 million for our clients in the state of Georgia.