Were you injured in a truck accident in San Diego, CA? If so, you may have several legal options. The accident might not only be a result of the truck driver’s carelessness. It’s possible that the driver wasn’t even qualified to operate a commercial vehicle, which could make it a negligent hiring case.
In such a situation, you might have more than just a claim against the truck driver. You could also pursue a case against the trucking company for negligent hiring.
Our San Diego truck accident attorneys at Mission Personal Injury Lawyers can help you determine the best course of action. Contact us today at (619)777-5555 to schedule a free consultation to explore your legal options.
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How Mission Personal Injury Lawyers Can Help After a Truck Accident Caused By Negligent Hiring in San Diego, CA
Truck accidents can occur anywhere but are especially common in high-traffic areas like San Diego, California. Being injured in such an accident is not only traumatizing but can also leave you unable to work for weeks, months, or even longer.
Our San Diego personal injury attorneys understand the emotional and physical pain you’re going through. Facing a large truck on the road can be terrifying and may make it difficult for you to feel comfortable in a vehicle afterward. That’s entirely understandable.
You shouldn’t have to deal with the aftermath alone, especially when it comes to navigating the legal complexities. With our 99% success record, trust us to handle that for you.
When you hire Mission Personal Injury Lawyers to represent you in your truck accident case, you’re choosing a law firm recognized by:
- Super Lawyers
- Rising Stars
- San Diego Business Journal – Best of the Bar Law Firm
When you contact our San Diego personal injury lawyers, we’ll immediately begin investigating the accident and gathering the necessary evidence to support your claim.
Don’t wait—call today, and let’s start working on getting your life back in order. We’ll do everything we can to maximize your settlement or take your case to court if necessary.
What Is Negligent Hiring?
A trucking company is required to exercise reasonable care when hiring a truck driver. They must ensure that the trucker has the appropriate qualifications and experience.
The Federal Motor Carrier Safety Administration (FMCSA) has established regulations outlining a trucking company’s responsibilities during the hiring process. Every trucking business must maintain a driver qualification file, which serves as evidence that it has adhered to FMCSA guidelines when recruiting its drivers.
The trucking company is responsible for thoroughly investigating the applicant’s background. This investigation must verify essential details, such as the trucker’s minimum age of 21 (for interstate commerce), possession of a valid commercial driver’s license, and successful completion of the required written and driving tests.
Additionally, the company must:
- Examine the trucker’s driving and accident history
- Conduct a criminal background check
- Ensure that the trucker has no issues with drugs, alcohol, or prescription medications
- Confirm a full physical examination and obtain a doctor’s note verifying that the driver is healthy enough to operate a truck
- Investigate the trucker’s employment history, particularly in relation to crashes or substance abuse issues, by contacting prior employers
Investigating a truck driver’s background can be a time-consuming and costly process. It requires the trucking company to proactively reach out to previous employers. Unfortunately, some companies may hire drivers who are unqualified or lack the necessary experience to safely operate a truck.
What Is Negligent Retention?
Negligent retention occurs when a trucking company continues to employ a driver who was once qualified but has since become ineligible to operate a commercial vehicle.
This ineligibility could result from the driver’s previous accidents, health issues, or drug or alcohol use. If the trucking company allows the driver to remain employed despite these concerns, the company could be held liable for any accidents the driver causes.
Contact Mission Personal Injury Lawyers After a Negligent Hiring Truck Accident in San Diego, CA
Have you or a loved one been injured or killed in a truck accident? You may be able to hold the trucking company responsible for the negligent hiring or retention of the driver by obtaining the truck driver’s qualification file and other relevant documentation.
Time is of the essence. California law gives you only two years from the date of the accident to file a lawsuit (in most cases). After that period, you’ll be barred from seeking compensation through the courts.
Contact our San Diego law offices today to schedule a free consultation with the experienced personal injury attorneys at Mission Personal Injury Lawyers.
