According to North Carolina law, trucking companies may be legally responsible for injuries caused by careless truck drivers. Negligent supervision is a legal theory that provides injured individuals with a means to seek compensation following a collision. Raleigh truck accident attorney Carl Nagle helps people throughout the state pursue claims against trucking companies based on negligent supervision, as well as other theories of liability. Mr. Nagle only represents accident victims, and he brings an inside understanding of insurance company tactics to his legal representation. Before founding Nagle & Associates, Mr. Nagle worked as an insurance defense attorney and an insurance claims adjuster. Now, Mr. Nagle focuses on advocating on behalf of people harmed by the negligent conduct of others, maximizing their recovery by setting forth the true extent of their harm. Nagle & Associates has successfully helped people dealing with the tragic aftermath of truck collisions throughout North Carolina, including victims in Asheville, Winston-Salem, Raleigh, and Wilmington.Holding a Trucking Company Accountable for Negligent Supervision
Negligent supervision is a legal theory that holds employers accountable for the conduct of their employees when the employer knew or should have known that the employee was unfit or incompetent. Trucking companies that negligently hire, train or supervise their drivers may be held liable for damages when their failure can be shown to be the cause of a truck accident. Victims of truck accidents may pursue a personal injury claim directly against the trucking company if the facts indicate that it negligently trained or supervised its driver. Further, if the trucking company failed to perform background checks, maintain status check on driving records, or otherwise carelessly retained a truck driver who should have been terminated, this oversight also supports a direct claim for compensation against the trucking company.
In a negligent supervision claim, the plaintiff victim would seek to show that they suffered injuries due to the carelessness of a truck driver, that the truck company knew or had reason to know that the employee was incompetent, and that the company failed to properly supervise the employee, which led to the accident and the resulting harm. Unlike other forms of liability, such as vicarious liability, employers that fail to properly supervise their employees bear the losses directly. The theory is that the trucking company has been negligent by failing to supervise the driver. This negligence may take many forms, including failing to check the driving records of current drivers or mandating that deadlines be met regardless of safety protocols.
Negligent supervision claims require a careful analysis of the trucking company’s culture, as well as an inquiry into specific instances of careless conduct. A deadline-driven employer culture may not account for the importance of drivers taking mandatory breaks while on the road. A concern with earnings, in other words, may override adherence to regulations that set driving hours.
Trucking companies have a duty to make sure that their drivers are safely transporting cargo, and as part of this duty, they must make sure that drivers meet all safety regulations, such as logging their hours properly. A judge or jury may find a truck company liable for negligent supervision if it was aware that a driver falsified their logbook but did not address the issue.
Showing that an employer had knowledge of a truck driver’s incompetence or unfit nature may prove complicated for accident victims. Circumstances may indicate that the employer should have known of the unfit nature of the driver, for example, if the driver had accrued multiple moving violations. When a trucking company fails to use reasonable care to oversee the conduct of a truck driver, it may be held accountable.Discuss the Details of Your Truck Accident Case with a Dedicated NC Tractor-Trailer Attorney
Throughout North Carolina, people injured by the negligent supervision of trucking companies have legal rights. Attorney Carl Nagle has dedicated his legal practice to advocating for accident victims. As a skilled tractor-trailer crash attorney, Mr. Nagle represents people throughout Raleigh and surrounding areas as they assert their right to compensation from trucking companies that negligently supervise their drivers. Our dedicated team is sensitive to the financial strain posed by truck accidents, and as a result, Nagle & Associates charges a reduced legal fee. Also, clients pay only if and when we recover damages on their behalf. To discuss the details of your claim with Attorney Carl Nagle, call our office at (800) 411-1583 or use our online form to set up a free appointment. We have advocated on behalf of accident victims in Hickory, Charlotte, Greensboro, Wilmington, Asheville, Raleigh, Winston-Salem, and other communities throughout Guilford, Mecklenburg, Forsyth, Brunswick, Durham, Cumberland, New Hanover, and Catawba Counties.