The Negligent Hiring of Dangerous Truck Drivers

 Posted on April 11, 2017 in Personal Injury

Consistent safe driving practices is ideal. However, at the end of the day, the reality is that accidents do happen. Additionally, when accidents involve large trucks, the destruction and ensuing injuries can be catastrophic.

Many regulations are in place to promote safe driving by truckers on our roads. These regulations include limits on driving hours, maintenance requirements, and weight limits. One factor which can also contribute to a deadly truck accident is the negligent hiring of a dangerous driver by a trucking company.

If you or a loved one was involved in a serious truck accident and you suspect the driver was driving in a dangerous manner that contributed to the accident, retain the services of an experienced truck accident attorney. Your attorney will make an assessment of your rights and potential to recover monetary damages for your injuries and losses.

Obligations of Trucking Companies

There is concern in any industry when companies hire employees who either fall below the skill level required or do not have the experience to perform their tasks in an appropriate and safe manner. We would not want workers caring for our children or elderly relatives who lack proper training and skills, so why would we entrust truckers on our roads with less than desirable track records behind the wheel?

Common examples of dangerous driving leading to an accident might include:

• Speeding/reckless driving;
• Failure to yield or stop;
• Following too closely;
• Inadequate brakes; and
• Improper lane changes.

Any or all of these can spell disaster on the road if you get caught up in these situations. It is likely you will suffer the brunt of the injuries being in a smaller vehicle as compared to a 26,000 pound truck.

Negligent hiring and/or negligent supervision may be cause for action if a truck accident victim can show that the trucking company hired a driver who possessed a history of reckless driving. Additionally, fault can be assigned if the trucking company failed to address issues of concern regarding the driver’s dangerous driving habits occurring under their employ.

One primary factor in a negligence action is showing that a duty of care is owed. In such circumstances, this would mean that the trucking company owes the general public a duty to avoid foreseeable harm to others by hiring capable and experienced truck drivers and monitoring those that they employ. If a lapse or breach of that duty can be shown, they can also be held responsible for the resulting harm, injuries, and death caused by an accident.

Speak with a Skilled Personal Injury Lawyer in Illinois Today

If you have been injured in an accident involving a truck, the damage may be severe. Therefore, contacting a knowledgeable DuPage County personal injury attorney is essential as it is likely you will first be engaged by the insurance company representing the trucking company.

Additionally, it is possible that they will try to negotiate a settlement in order to quickly and quietly dispose of the matter. However, without a thorough investigation, your rights and the ability to obtain fair monetary compensation for your injuries could be compromised. You may be entitled to a greater amount of compensation for damage to property, medical expenses, loss of wages, and your pain and suffering. A proper investigation is required and Mevorah & Giglio Law Offices can help. A telephone call, online inquiry, or a visit to one of our offices in Bloomingdale, Lombard, or Naperville is your first step in exploring the full extent of your rights.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-514

http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_cdl10.pdf