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How is Negligent Hiring and Training Liability Proven in a Truck Accident Case?

| Oct 14, 2019 | Truck Accident

In truck accident cases, there are often two parties that are liable for the damages: The driver and their employer. Although drivers are responsible for their actions, the negligence of their company could be a cause. An example of employer liability in a truck accident case is negligent hiring and training practices. Negligent hiring and training can include any instance in which an employer fails to hire a person who is fully qualified for the role and does not provide new workers with the education or oversight to do their job correctly. In a complex and potentially dangerous profession such as trucking, negligent hiring can cause collisions. How can an accident victim prove that their injuries were caused by an incompetent employer’s practices?

What is Considered as “Negligent Hiring and Training”?

Most businesses have a responsibility to themselves, their workers, and their customers to hire competent employees. As an employer, if your workforce includes people who are not knowledgeable about their job duties, not skilled in their role, or otherwise a negative representation of your company, the entire business can suffer. Lost money and a tarnished representation are some potential outcomes of negligent hiring and training. In an industry like trucking, the consequences of negligent hiring and training may be even greater. Driving a semi-truck is a dangerous job, and any carelessness can harm the driver and others. The term “negligent hiring and training” encompasses any oversight during the hiring process. An employer who is negligent when hiring or training a new employee either hires someone who is not right for the job, or does not give a new employee the tools to do their job correctly. Examples of negligent hiring and training include:

  • Hiring a person with a history of drunk driving or traffic violations
  • Completing drug tests
  • Frequently evaluating employees’ driving ability

Evidence of Negligent Hiring and Training

To prove that a trucking company was negligent in hiring an employee, you will need evidence of their hiring practices and proof that they did not properly vet the driver. This type of evidence can be difficult to recover, because it may include internal documents like applications, interview notes, or employee handbooks. Our lawyers may be able to access these materials. There is some public information that could be helpful in a negligent hiring and training case. For example, a company may post their job descriptions or employment requirements on their website. These materials can provide insight into a business’s hiring processes.

How Can Williams DeClark Tuschman Co., L.P.A. Help?

Our attorneys can evaluate the details of your truck accident case and determine if negligent hiring and training was a factor. We can pursue evidence of the trucking company’s hiring practices and identify proof of negligence. Call (419) 719-5195 or complete our contact form to schedule a free consultation.