Most trucking companies have an extremely high turnover rate. According to the American Trucking Association’s Trucking Activity Report, the turnover rate annually for large truckload carriers or fleets with more than $30 million in annual revenue rose to 94 percent in 2018. The turnover rate was 73 percent for smaller truckload carriers, which is still a considerable statistic. What does this mean for the trucking industry and the rest of us?
Essentially that trucking companies are spending a lot of time hiring and training their drivers as these turnover rates suggest. When trucking companies fail to properly hire and train their drivers, and their drivers cause a truck accident then, the victims can file a claim against the company under a theory called “negligent hiring,” and/or negligent retention of a bad driver.
What the Law States
Federal law requires that trucking companies only hire and continue to retain drivers who are safe and have a good driving record. Federal Motor Carrier Safety regulations require employers to maintain stringent hiring standards for drivers. Truck drivers must clear medical tests, criminal background checks and regulatory procedures that may require renewal every couple of years.
This means that even if a driver passes all requires procedures to become a commercial truck driver, but the employer fails to perform tests on an ongoing basis to ensure that the driver is healthy and able, that would be a basis for negligent retention action against the trucking company. The law has an expectation of trucking companies to take a number of steps including:
• Ensuring the driver has a valid commercial driving license.
• Checking the driver’s history for any past accidents.
• Screening for medical history including drug use.
• Screening for past criminal history.
• Providing proper certifications and training information.
Examples of Negligent Hiring
There are a number of cases that we see when it comes to negligent hiring of truck drivers, which may result in major or catastrophic truck accidents. Here are a few examples:
• Hiring a truck driver who has a prior history of driving under the influence and/or has a known history of alcohol abuse.
• Failing to do a background check on an out-of-state driver. Serious offenses or background issues might get missed when this occurs.
• Hiring drivers without performing drug tests. Meth and cocaine abuse may be common in the trucking industry. Trucking companies should not only conduct drug tests when they hire, but should continue to do so on an ongoing basis to ensure their drivers are clean and sober.
• Hiring an inexperienced driver and not providing him the necessary training for the job.
In such cases where a company employs a driver who does not meet federal requirements, they are putting others on the roadway at risk. A dangerous, inexperienced or impaired truck driver poses a serious hazard and it is often just a matter of time before he or she injures other road users. And as we know, when a large truck strikes a smaller vehicle, the occupants of the passenger vehicle are more likely to suffer major injuries. In these instances where negligent hiring and retention lead to truck accidents, the employers or trucking companies can be held liable for victims’ losses.
Compensation for Victims
Injured victims of truck accidents can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, loss of livelihood, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can also seek compensation by filing what is known as a wrongful death lawsuit.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in an auto accident caused by a negligent driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 49 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole.
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