Negligent Acts refer to situations where an employer or organization fails to exercise reasonable care in hiring, supervising, or entrusting responsibilities to others, resulting in harm. This includes negligent hiring (bringing on an unqualified or dangerous employee), negligent supervision (failing to properly monitor or discipline employees), and negligent entrustment (allowing an unfit individual to use vehicles, equipment, or authority). In each case, liability arises not just from the actions of the individual employee, but from the employer’s own failure to act responsibly in preventing foreseeable risks.
Negligent Hiring
When entrusting a person with a large, dangerous truck, certain precautions need to be taken to make sure that the individual is qualified to deal with any issues and problems that may arise. Serious accidents can occur when a trucking company hires a driver who is not equipped to handle the responsibility of operating an oversized vehicle. The truck accidents at the Law Offices of Robert Dixon can represent Miami residents and others throughout South Florida who have been involved in crashes with vehicles that had an unqualified driver behind the wheel. Our firm is dedicated to helping injured individuals assert their right to compensation from those who have harmed them.
Negligent Hiring of Commercial Drivers
Companies that employ truck drivers are required under both federal and state laws to make sure that their drivers are qualified. Florida and federal regulations set forth specific requirements for drivers, including:
- Possession of a valid commercial driver’s license,
- The capability to operate tractor-trailers safely,
- A satisfactory completion of a road test that analyzes safe driving techniques, and
- Familiarity with emergency equipment and inspection procedures.
Trucking companies are also responsible for checking potential drivers’ past driving records, both in and out of state, to make sure any violations are not egregious. Drivers must also undergo drug and alcohol testing before being hired, as well as periodic testing throughout their employment. Trucking companies are required not only to make sure drivers submit to drug and alcohol testing after involvement in an accident, but also to randomly test for alcohol in 10 percent of its drivers and for drugs in 25 percent of its drivers annually.
Bringing a Claim for Damages after a Motor Vehicle Collision
Hiring or retaining an unqualified driver can lead to serious accidents on the road that may give rise to many types of economic and non-economic costs and losses. A victim often can pursue a personal injury lawsuit against the trucking company for negligent hiring. To show negligence, he or she would need to prove that the trucking company breached its duty of reasonable care in its hiring practices or in allowing an unqualified driver to remain on the road. For instance, if a trucking company failed to administer drug or alcohol testing that would reveal a history of alcohol or drug abuse behind the wheel, and a driver then causes an accident while under the influence, the company may be found to be negligent.
The victim must also show that the negligence caused the accident and that he or she incurred damages that are reasonably quantifiable. In other words, the crash must be an event that could not have occurred if the driver had been properly qualified and otherwise acted with the appropriate care. There is a wide range of damages that may be available, ranging from objective types of compensation like hospital and therapy costs, repairs to a vehicle, and lost wages to more subjective forms of harm like pain and suffering.
In many of these situations, an employer’s records must be examined to determine what actions were or were not taken in the hiring process. Due to the multitude of parties involved in a trucking accident, as well as possible expenses, inappropriate action may be taken to avoid a lawsuit. Spoliation occurs when evidence is intentionally lost or destroyed in order to hinder a legal claim. When spoliation happens, courts in Florida may issue sanctions against responsible parties, which may extend even to the exclusion of testimony or a finding of liability.
Negligent Supervision
All employers have the responsibility to adequately supervise their employees. This responsibility is especially vital if the business being conducted is of a dangerous nature. For example, trucks are massive vehicles capable of causing significant damage if they are not maintained or operated properly. As a result, trucking companies have a duty to make sure their drivers are adhering to all state and federal regulations while taking adequate safety precautions. If a company fails to adequately supervise its drivers, devastating harm can occur.
Federal and State Trucking Regulations
Both federal and state agencies set regulations and standards that trucking companies must adhere to in order to ensure their drivers do not pose a danger on the roadways. In hiring and retaining drivers, trucking companies must make sure each driver possesses a valid commercial driver’s license and administer a road test in order to analyze a driver’s techniques. Trucking companies are also required to review drivers’ past driving records as well as conduct routine drug and alcohol testing throughout a driver’s employment. Failing to administer these tests, or overlooking a driver’s failure of a drug or alcohol test, can lead to significant accidents by putting an unqualified driver behind the wheel.
Holding a Trucking Company Liable for Negligent Supervision
A person hurt in a truck crash may pursue a personal injury claim against a negligent driver as well as the driver’s employer. A trucking company may be either vicariously or directly liable for an accident involving its employee-driver. Under the legal theory of vicarious liability, a trucking company is responsible for the negligent actions of its driver if he or she was acting within the scope of employment for the benefit of the employer. A trucking company may also be directly liable for an accident if it can be shown that it was negligent in its supervision of the employee. For instance, trucking companies should employ dispatchers to monitor how many miles a driver has traveled, and they should be mindful of when a driver has not taken appropriate breaks to prevent fatigue. If a company fails to implement a supervisory program to monitor driver fatigue, and a driver falls asleep behind the wheel, causing an accident, the trucking company may be held liable for negligent supervision.
In a trucking accident, a detailed investigation into a company’s practices is often necessary to determine what reasonable steps were taken to make sure its drivers engaged in safe practices. Pursuant to Federal Motor Carrier Safety Regulations, trucking companies must not only screen driving candidates but also retain files regarding their qualifications in addition to issues that arise during their employment with the company. Having a qualified legal advocate to make sure all evidence is gathered and examined properly may be vital to ensuring your legal rights are protected following a crash.
The harm sustained in a truck accident may be severe, and financial resources for dealing with such injuries may be limited. If a trucking company has failed to take adequate steps in providing a safe environment for motorists,it should be held liable
Negligent Entrustment
Trucking companies are charged with the task of ensuring their drivers are properly trained and can handle the responsibility of operating a large and dangerous vehicle. When a company fails to uphold safety standards regarding hiring or supervising its drivers, and a serious crash results, those entities can potentially be held liable for negligent entrustment.
Holding a Trucking Company Accountable for Negligent Entrustment
If a commercial driver’s actions lead to a serious accident, multiple parties often may be held liable for the injuries and damages that result. A driver’s employer, usually a trucking company, can potentially be held vicariously liable for a driver’s negligent behavior if he or she was acting within the scope of employment when the accident occurred. Additionally, a trucking company may be independently liable for an accident if granting the driver’s use of the vehicle was negligent in and of itself. For example, a trucking company may be directly liable for an accident due to negligent entrustment if it entrusted a vehicle to a driver despite his or her inexperience or inability to operate the truck safely.
Negligent entrustment may be established in a variety of ways. For instance, if a company failed to do a proper background check on a driver, who is later found to have a significant history of accidents, or other criminal, drug, or alcohol-related issues, the company may be found liable for damages to the victim. Florida courts will hold companies or other parties that negligently entrust their vehicles to someone else responsible for any damages resulting from misuse. Additionally, under state law, damages awarded upon a finding of negligent entrustment are not subject to the caps applicable in vicarious liability claims. In these claims, therefore, a victim can potentially recover a larger, more appropriate sum to cover his or her costs and losses.
Pursuing an action based on negligent entrustment often requires significant investigation into a trucking company’s practices and history. If a company has failed to take proper measures to ensure its driver is qualified under federal and state regulations, it often can be held directly responsible for the damages that result in a truck accident. These damages may include medical costs, lost income, property damage, pain and suffering, and the costs of future treatment.
Truck accidents can cause the most devastating injuries sustained on the road, sometimes even leading to a tragic death. If a trucking company is careless in entrusting its massive vehicles to inexperienced or reckless drivers, it needs to also be held liable for the harm that results.
