As with any employer, the quality of your employees is a vital aspect of your business. Not only can a poor employee drastically spoil the bunch as the expression goes, but business owners are legally responsible for the actions of their employees taken during the course of business. Further, not only is a business owner liable for the negligent actions for their employees, such as traffic violations, they may be additionally liable for a cause of action called negligent hiring.
Hiring in the Trucking Industry
Annually, the United States trucking industry transports nearly 9.2 billion tons of freight,1 which puts close to 3 million trucks and 3 million truck drivers on America’s roads each year. With a shortage of nearly 25,000 truck drivers in the United States, corporations continue to lower the standards by which truck drivers are trained and hired. Although a federally regulated industry,2 due to this shortage, many businesses may hire drivers who only meet the bare minimum medical and driving requirements, as they do not have a large pool of qualified drivers to pull from.
Cause of Action for Negligent Hiring
If you or a loved one has been in a truck accident and the truck driver’s negligent behavior was extreme, hiring a qualified attorney to investigate the case may reveal that the truck driver had a less-than-stellar driving record when he or she was employed by the vicariously liable corporation. This may create liability on the part of his or her employer under a cause of action called negligent hiring, the essential legal aspects of which are as follows:
- An illegal or negligent act committed by the truck driver;
- The incompetence or unfitness of the driver generally;
- The employer knew or should have known of the truck driver’s unfitness for the job, and
- Injury resulting for the truck driver’s negligence.
For Questions About Your Truck Accident, Contact an Experienced National Truck Accident Lawyer Today
If you have been involved in a trucking accident and you believe the truck driver’s lack of driving ability, experience, or qualifications contributed to the cause, it is important to contact attorneys who can conduct a thorough investigation and understand the complex federal regulations imposed upon truck driver’s employers. The attorneys at McEwen & Kestner are the nation’s leading truck injury lawyers, with a reputation for success representing clients injured in trucking accidents. For questions about your truck accident, contact their Minnesota office today for a FREE, no-risk consultation at (800) 732-3070.