Due to the size and weight of commercial trucks, failing to ensure that drivers are capable and properly trained exposes a trucking company to liability if an accident results. Trucking companies have a duty to hire safe drivers. Depending on the circumstances of a truck accident, victims may pursue compensation from the individual driver as well as their employer. There are several theories of liability under which employers may be held accountable for a truck driver’s conduct, including negligent hiring. At Nagle & Associates, Raleigh truck accident lawyer Carl Nagle is dedicated to helping injured people pursue compensation after a collision. Through a thorough investigation and an emphasis on medical evidence, he has secured strong results for victims throughout North Carolina, including in Wilmington, Asheville, and Winston-Salem.Seek Damages from a Trucking Company for Negligent Hiring
North Carolina provides that employers may be held accountable under a theory of negligent hiring if an employee causes an accident, and the victim demonstrates that the employer negligently hired the employee. Trucking companies must exercise care when hiring drivers, particularly due to the potential devastation that may result from a breach of this duty. As a plaintiff, you must show that the employee was not fit to perform the work for which they were hired, that the employer knew or should have known that the employee was unfit (or incompetent), that you were harmed by this incompetence, and that the employer’s negligence was a substantial factor that caused your harm.
When an employer knows or should know that hiring an individual carries a risk, and that risk materializes, liability may be imposed. Unlike with vicarious liability, an employer is not held indirectly responsible for the harm on the grounds that the employee was in the course and scope of business, and the employer was benefiting from the employee’s work. The rationale behind negligent hiring is that a business that hires an employee with dangerous characteristics should bear any losses that result when the employee actually cases harm.
Negligent hiring cases may prove challenging because the victim must show that the employer had actual or constructive knowledge that a particular truck driver was unfit. Legally, if the employer had no actual knowledge that the truck driver was unfit, they may still be held accountable if they reasonably should have known of the unfitness, or if they failed to use reasonable care when investigating the employee before hiring them.
Federal and state laws set forth duties for trucking companies when hiring employees. Companies must conduct background checks, and they should not hire people with substantial previous misconduct, such as multiple DUIs or indications that they have engaged in dangerous driving. When an employer is on notice that a driver may be unfit to operate a commercial truck but hires them anyway, they may be violating their legal duty.Understand Your Options Following a Truck Crash by Consulting a Raleigh Lawyer
After suffering injuries in a truck crash, victims may be able to file a legal claim against the truck company for negligent hiring. Raleigh attorney Carl Nagle understands the federal and state regulations governing the trucking industry, and he can provide the compassionate legal representation that you deserve. If you believe that a trucking company may have engaged in negligent hiring, or you need more information on your legal rights and the potential causes of your accident, request a complimentary consultation with motor vehicle collision lawyer Carl Nagle. Call (800) 411-1583 or use our online form to arrange your appointment. We have helped accident victims in Greensboro, Hickory, Charlotte, Raleigh, Wilmington, Asheville, Winston-Salem, and other communities throughout Mecklenburg, Guilford, Wake, Forsyth, New Hanover, Brunswick, Cumberland, Durham, and Catawba Counties.