Commercial truck accidents frequently have devastating consequences for those in smaller vehicles, motorcyclists, and pedestrians. It is not uncommon for the driver of a passenger car to suffer catastrophic injuries as a result of a crash. In many cases, those in smaller vehicles suffer permanent harm that can have lifelong consequences and requires medical care over a period of years. This can get very expensive. If a trucking company was at fault for negligent hiring, putting a driver with a heightened risk of getting into a truck accident on Dallas roads, the attorneys at Feizy Law Office may be able to sue the trucking company directly for your damages.Taking Legal Action Based on Negligent Hiring
Some trucking companies are more concerned with profit than they are with the safety of others on the road. The law mandates that trucking companies perform background checks and verify certain information before hiring a driver. There are specific steps described by the Federal Motor Carrier Safety Regulations and adopted in Texas that a motor carrier must take before hiring a new truck driver.
Among other things, they must make sure that a driver has a valid commercial driver's license, is properly trained, passes drug testing, does not have a history of chemical dependency, and has a good driving record. Red flags for a trucking company should include job applicants with drug or alcohol abuse problems, medical conditions, or a past fatal trucking accident. However, trucking companies may overlook these problems because there are not enough applicants, or they have a lot of orders that need to be delivered.
A trucking company can potentially be held liable under an indirect theory of liability. However, they can also be sued directly when they negligently hire a truck driver who fails to meet minimum safety standards or was disqualified to operate a commercial motor vehicle, and thereby caused an accident. Being able to directly sue the trucking company is important because a truck driver's insurance policy alone may not sufficiently compensate someone who suffers catastrophic injuries. A trucking company usually carries more coverage than an individual driver.
For example, if a trucking company fails to conduct a background check and there are two DUIs on a driver's record, and the truck driver's drunk driving causes someone in a passenger car to suffer crushed legs and a traumatic brain injury, the trucking company likely can be sued directly for negligent hiring.
A type of negligent hiring is negligent retention. This happens when a trucking company ignores problems or inadequacies and keeps on a truck driver who is not capable of driving safely. In some cases, a trucking company has an official policy of ignoring problematic drivers or routinely failing to conduct background checks. An experienced personal injury attorney who is familiar with the trucking industry and the regulations that govern drivers and motor carriers can explore these possibilities through the discovery process.Contact a Dallas Attorney Experienced in Motor Vehicle Collision Cases
If you have been hurt in a truck accident that you suspect may have been caused by a company's negligent hiring, you should retain a motor vehicle collision lawyer who is experienced in Dallas accident cases. Trucking companies have knowledgeable attorneys who will try to avoid liability and shift blame. Call Feizy Law Office at (214) 651-8686 or contact us via our online form. We also represent truck accident victims in other Texas cities, such as Irving, Garland, Fort Worth, Arlington, and Plano.