A trucking firm is legally responsible for the actions of its drivers. These actions can range from negligence to failure to investigate a driver’s criminal background. As a motor carrier, it is important to protect your drivers and your business by carrying General Liability insurance. This coverage will cover the costs of accidents, injuries, and other claims.
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Negligent hiring
According to a law firm for truck accidents, in the United States, trucking firms are subject to a duty to hire qualified drivers who will safely drive the company’s trucks. If a trucking company fails to meet these standards, it may be liable for negligent hiring. A negligent hiring claim can also arise when a trucking firm fails to properly discipline a truck driver who has committed a safety violation.
While it’s unlikely that a trucking firm would intentionally hire a terrible driver, negligent hiring practices can result in accidents. A trucking firm can be held liable for negligent hiring practices if the company fails to hire qualified truck drivers who are healthy, safe, and well-trained. It’s important to hire an experienced truck accident attorney who can investigate the hiring policies and the truck driver’s safety record.
Inadequate training
Inadequate training of truck drivers can significantly increase a trucking firm’s liability. Drivers without sufficient training may not be able to properly operate their vehicles and therefore, can cause serious accidents. Additionally, an inexperienced driver may not be prepared to handle various conditions, including inclement weather, heavy traffic, and mechanical failure. Inadequate training can also result in compensation claims from the victims. In order to establish liability, victims must be able to show that the truck driver breached the duty of care.
The same can be said for negligent hiring and training. Trucking companies are legally required to ensure that their drivers have adequate training and experience to safely operate a truck. Inadequate training and hiring practices can lead to trucking firm liability. This can lead to a host of costly lawsuits.
Failure to investigate driver’s criminal background
If a trucking firm fails to investigate a driver’s criminal background, the firm may be found liable for injuries and damages caused by the driver. This case involves an accident involving a CMV and three passenger vehicles caused by a drunk truck driver. In this case, the truck driver was driving an ice-covered interstate when he crossed the center median and struck the passenger vehicles. The truck driver had two prior DUI convictions in Nebraska and had recently switched to Iowa. The truck driver was operating at high speeds and was under the influence of drugs and alcohol.
A motor carrier must obtain a written release from any previous employers of the driver before allowing him or her to operate a commercial motor vehicle. The company must also maintain records of any requests for information about prior employers and responses to those requests.
General liability insurance for trucking companies
General liability insurance for trucking companies protects you from lawsuits, property damage and other financial ramifications. The insurance will pay for legal fees if your company is sued over an accident. It also covers damages incurred by your employees if they get hurt while working on the job.
General liability insurance for trucking companies is a must-have for any trucking business. It is the most basic form of insurance and it provides a sense of security and assurance to your company when it is needed. Without this type of coverage, the cost of a lawsuit can become extremely expensive. The legal fees alone can run into the hundreds of thousands of dollars, which is why it is so critical to have this insurance.
Punitive damages
Punitive damages are awarded in addition to compensatory damages to punish the defendant for egregious or wanton conduct. The damages amount will depend on the severity of the misconduct and the financial size of the defendant. In general, larger and wealthier companies will be required to pay more than smaller and less-well-off companies. It is important to retain an experienced attorney to maximize your recovery.
Trucking firms should have procedures in place to monitor hours of service and investigate whether their drivers have a substance abuse problem. Studies have shown that drivers who are addicted to alcohol or drugs may be unable to drive safely. In addition, the company may be liable if it fails to investigate the driver’s cell phone usage.
