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What if the Truck Driver Who Hit You Was Not Properly Vetted?

 Posted on January 22, 2025 in Personal Injury

IL injury lawyerAccording to the NHTSA, truck accidents made up 21 percent of all motor vehicle accidents in 2021 and were responsible for 13.4 percent of all auto accident deaths. These numbers are high when you consider that large semi-trucks only make up about 5 percent of the total number of registered vehicles.

The sheer size of a loaded semi-truck (about 80,000 pounds) virtually ensures that in a collision between a semi-truck and a 3,000-pound passenger vehicle, those in the passenger vehicle will suffer severe or fatal injuries. There are many causes of large truck accidents  – including driver carelessness and distracted driving, improper loading, poor maintenance, fatigued driving, and impaired driving.

In some cases, the cause of a semi-truck accident can be traced back to the trucking company that hired the driver. Trucking companies can be held liable following an accident if their truck driver was not properly vetted. If you are the victim of a large truck accident caused by the negligence of the truck driver, speaking to a Bloomingdale, IL truck accident lawyer can be extremely beneficial.  

What Role Do Trucking Companies Play in Semi-Truck Accidents?

Trucking companies play a pivotal role in ensuring that our roadways are safe for everyone. From maintaining the trucks to hiring qualified drivers and supervising them appropriately, trucking companies have a clear responsibility to other drivers. When a trucking company fails to vet a driver properly, it can be held liable when that driver causes an accident.

Truck accidents are different from other auto accidents in that there can be more than one liable party. The truck driver can be held liable for negligence, the trucking company can be held liable if shifting or falling cargo caused the accident, and the maintenance company can be held liable if poor maintenance caused the accident.

How Could the Trucking Company Be Responsible for an Accident?

Negligent hiring occurs when an employer hires an individual who is potentially dangerous to others without due diligence into the employee’s background and credentials. If a trucking company fails to verify a driver’s driving record and criminal history, and the accident is caused by the driver’s negligent driving or driving while impaired, then the trucking company is liable.

The trucking company must also ensure every truck driver has received proper training for the job and is experienced enough not to be a danger to others. This means checking to see whether the driver successfully completed an approved truck driving course. The Federal Motor Carrier Safety Administration has the following regulations in place for truck drivers, including:

  • Semi-truck drivers must be at least 21 years of age.
  • Truck drivers must be in good physical condition.
  • Truck drivers must be sufficiently fluent in the English language to understand traffic signals and signs, talk to the public, respond to questions, and make report entries.
  • Every truck driver must have a valid commercial motor vehicle license (CDL).

What Elements Must Be in Place to Show Negligent Hiring?

Trucking companies must perform a thorough background check, examine the driver’s driving record, and take note of any medical issues that could potentially render the driver unsafe. When a trucking company is a defendant in a truck accident, it must be shown that the company had a duty of care to hire safe drivers, the company breached that duty, this breach of duty of care caused the accident, and because of the accident, the victim suffered harm and losses.

Contact a DuPage County, IL Truck Accident Lawyer

If you or a loved one has suffered severe injury from a truck accident, your first step should be to speak to an experienced Naperville, IL truck accident lawyer. Negligent hiring is a serious issue that can have devastating consequences. When you choose Mevorah & Giglio Law Offices, you have chosen a firm that offers Saturday and evening appointments and has three offices in Lombard, Bloomingdale, and Naperville for your convenience. Call 630-932-9100 to schedule your free case evaluation.  

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