How to Prove Negligent Hiring in a Truck Accident Case
Our Indiana truck accident lawyers hold negligent trucking companies accountable
After a crash involving a commercial truck, many people wonder whether the trucking company cut corners when hiring its driver. They have good reason to be concerned, because when companies fail to vet drivers properly, the consequences on the road can be serious.
In truck accident cases, proving negligent hiring can turn the tables on the company and establish liability. This isn’t just legalese; it’s a real shot at justice for people hurt by drivers who should not have been hired.
What is negligent hiring in truck accident cases?
Imagine a trucking company that needs a new driver, so they skim the resume and skip the deep dive into the applicant’s past. Next thing you know, someone with a concerning history is rolling down the highway.
Negligent hiring happens when a company fails to do its homework on a potential employee, especially one handling something as dangerous as an 80,000-pound rig. Legally, it means the employer didn’t exercise reasonable care in picking that person, knowing full well the risks involved in trucking.
In these cases, courts examine whether the trucking company had a duty to conduct reasonable background checks – such as reviewing driving records, prior violations, and required drug and alcohol testing – and failed to do so. Truck drivers are subject to heightened federal oversight and FMCSA regulations impose strict qualification standards, including valid commercial licenses and thorough review of a driver’s safety history.
If the company ignores red flags and that driver causes a crash, the company may be held directly liable, and not just through the usual “respondeat superior” where the boss covers for the employee’s mistakes. It may allow injured victims to pursue compensation directly from the trucking company.
Why does this matter so much in truck wrecks? Truck accidents are often severe and can result in mangled cars, life-altering injuries, and sky-high medical bills. A large portion of these crashes tie back to driver issues the company could have spotted. Proving it shifts blame from just the driver to the employer.
How do you prove a company was negligent in hiring?
Proving negligent hiring isn’t like showing up to court with a smoking gun. It’s more like building a puzzle with pieces from subpoenas, records, and experts. First off, you need to show the company owed a duty of care. Then, prove they breached it by not running proper checks. Was there no background investigation? Did they hire someone whose motor vehicle record (MVR) should have raised red flags?
Causation and foreseeability matter a lot in these cases. You have to link the bad hiring straight to your crash. If the driver had three DUIs ignored by the company, and alcohol was involved in your wreck, that evidence can be critical. Courts ask if a reasonable employer would have foreseen the risk. Damages help prove the legitimacy of your case.
What evidence helps prove fault?
Evidence is the backbone to proving fault. Trucking companies fight hard with well-funded insurance companies, so you need ironclad proof. Start with public records: the driver’s PSP report from the FMCSA, which flags violations, out-of-service orders, and crash history.
Discovery is where important evidence can be uncovered. Once you’re in litigation, subpoenas help your lawyer get access to internal documents that show what really happened. Here’s what that might look like:
- Hiring applications with lies the company didn’t verify
- Emails or memos showing they knew about issues but hired anyway
- DOT compliance audits revealing systemic safety failures
Crash scene evidence that also proves fault includes:
- Photos of the wreckage, skid marks, and truck markings for company ID
- Medical records linking injuries to the impact
- Witness statements on the driver’s erratic behavior pre-crash
- Electronic logging devices that track hours to show if fatigue from poor oversight played a role in the crash
A truck accident lawyer can start gathering this evidence.
What are common slip-ups companies make?
Trucking companies make hiring errors in predictable ways – and spotting them strengthens your claim. It’s not always malice; often it’s cost-cutting or laziness. Here are the big ones:
- Overlooking license issues, such as hiring without a valid CDL or medical certificate
- Ignoring crash or ticket history, especially if the driver’s from out of state
- Skipping drug and alcohol screens, mandatory under federal rules
- Failing to remove unsafe drivers after warning signs appear
- Relying on high-turnover driver training programs (“driver mills”)
- Hiring drivers who do not meet federal age or experience requirements
An experienced attorney can investigate to look for evidence of negligence by a trucking company before the crash.
What makes negligent hiring truck accident cases complicated?
Truck accident cases involving negligent hiring demand specialized investigations and legal attention. Unlike standard car crashes, these claims require proof of systemic failures of trucking regulations.
Additionally, negligent hiring cases rely heavily on records that trucking companies may be reluctant to disclose. Employment files, background checks, drug and alcohol testing results, safety audits, and compliance with FMCSA regulations all become key pieces of evidence. Preserving and obtaining these records often requires swift legal action, as some documents may be lost, altered, or destroyed over time.
Another layer of complication comes from the intersection of state negligence laws and federal trucking regulations. Your attorney must demonstrate not only that a trucking company violated industry standards or federal rules, but also that those failures directly contributed to the crash. Establishing this causal link frequently requires expert testimony from crash reconstruction specialists, trucking safety experts, and regulatory professionals.
Plus, truck accidents often cause widespread damage, resulting in multiple parties and multiple insurance companies being involved in your case. Insurance companies stand to lose hundreds of thousands or millions of dollars from a single truck accident.
What should I do if I’m hurt in a truck accident involving negligent hiring?
If you’re injured in a truck accident involving negligent hiring, what you do in the aftermath can impact the outcome of your claim. Take the following steps to protect your health and legal rights:
- Seek medical attention: Even if injuries seem minor, see a doctor immediately. Injuries such as concussions or internal damage may not show symptoms right away.
- Call the police: Always file a police report. It provides key evidence and helps establish the facts of the truck accident.
- Document the scene: If possible, take photos of the truck accident scene, vehicle damage, and visible injuries. Record the truck’s license plate and any company information.
- Gather information: Collect contact details from the truck driver, the trucking company, and any witnesses.
- Consult a lawyer: A skilled Indiana truck accident attorney can gather key evidence and investigate the trucking company’s hiring practices.
- Preserve evidence: Ensure records, such as driver logs and safety reports, are preserved by the trucking company. These can be important in proving negligence.
- File an insurance claim: Report the truck accident to your insurance, but don’t settle without consulting your lawyer to avoid undervaluing your claim.
Get a fighter on your side after a negligent hiring truck accident
If you were injured in a truck accident caused by a trucking company’s negligent hiring practices, you don’t have to face this fight alone. Boughter Sinak, LLC stands up to trucking companies and their insurance companies every day. Our experienced truck accident attorneys know how to uncover hiring failures, ignored red flags, and regulatory violations. We use that evidence to build powerful cases for injured victims.
When you work with us, you get a legal team that handles everything for you. We investigate the trucking company and aggressively pursue the full compensation you deserve for medical bills, lost income, pain, and long-term harm. Your consultation is free, and we work on a contingency fee basis, meaning we only get paid if we recover compensation for you.
Don’t wait while evidence disappears and insurance companies protect their bottom line. If you were hurt in a truck accident involving negligent hiring anywhere in Indiana, contact us to schedule your free consultation. You can also visit us in Fort Wayne or Warsaw, or we can come to you.
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