Did you know that a trucking firm could be held responsible for an accident if the company was negligent in either recruiting or training of truck drivers? Obviously, a trucking company cannot be held responsible all the time for negligent and/or inadequate recruiting and training, but with a truck accident lawyer by your side, you may able to establish the fault of a trucking company after evaluating facts in a given case.
The fact is that most truck accident victims neglect the significance of establishing the company’s responsibility in relation to hiring and training of the driver involved in their collision. However, what constitutes negligent recruiting or training of drivers of a truck or trucking company? When can one hold it responsible for inadequate hiring? Why do such firms do not exercise reasonable care while recruiting drivers when they know such practice may expose the companies to liability in case of accidents? Below is answering these kinds of questions, which people ask experienced truck accident attorney professionals in California.
Negligent Hiring of Truck Drivers
Let us begin with the final question of the three. Recruiting truck drivers is an endeavor that comes with its own set of cost. To hire a driver while conforming to all state and federal rules, a trucking firm is supposed to invest a considerable amount of money. Applicants sometimes lie in the course of job interviews, and the trucking segment is no exception to that. Failure of employers to see through these layers of lies equates to negligence upon its part.
Usually, these types of companies do not have an HR person with an actual truck driving experience. In such situations, a trucking firm is advised to allow one of its current truck drivers to interview an applicant to make sure that he or she has adequate knowledge as well as experience to work for it. Failing to do so might just result in the recruitment of an individual who does not have the skills, knowledge, and/or experience necessitated to operate a truck for as much as eleven hours in a row.
Checking the Potential Driver’s Knowledge and Skills
In addition to talking about the prior experience and knowledge of a potential driver, a trucking firm has to check his or her basic skills in the course of the second interview. To operate a truck safely, its driver must know the following things, among several other essential ones.
- When to back up, and how to do it
- How to smoothly accelerate through the gears of a truck
- How to maintain a truck and inspect it before beginning the journey
- How to hook a trailer and unhook it
- How to load cargo and unload it
Performing Background Checks When Recruiting a Truck Driver
Failure to do an appropriate background check when recruiting drivers is another one of the common reasons why people sue trucking companies after truck accidents in California. A highly reputed company is supposed to run the job applicant’s CSA (Compliance, Safety, and Accountability) profile prior to offering them a job contract. Besides, it is of paramount importance that the company runs motor vehicle report upon its potential truck drivers. Companies should also think twice prior to hiring people who have had accidents, traffic offense related tickets, convictions, as well as any other safety related incidents in the past.
What’s more, just because one appears to be the correct choice during the recruitment process for the truck driver post, it does not mean in any way that they do not necessitate on-the-job assessments to make sure that the company has recruited the right individual. On-the-job assessments are necessary inside the first couple of weeks after the driver finished his or her training.
Consulting with an Attorney
If you are involved in a truck accident, let an experienced trucking attorney evaluate your case and determine whether the company’s recruitment of the driver in question was negligent or inadequate. While it is true, one such firm can be held responsible for its driver’s actions, which may be negligent, reckless, deliberate, and/or wrongful. However, in some cases, one may not be able to sue the driver’s employer even if it was aware of his or her wrongful act.
This usually happens when there is an absence of employer-employee relationship or the driver of a truck is classified as one independent contractor. In such cases, little could be done to hold the company responsible. Yet again, it could also be that the company misclassified its driver’s status to escape liability. Therefore, it is always best to have an attorney investigate these matters to determine your rights.