Negligent Hiring Truck Accident Cases in NY

Driving a commercial truck requires special training and knowledge in Queens, NY. Operating a semi-truck is much different from driving a passenger vehicle. Therefore, a trucking company has a duty to ensure its truck drivers are qualified to operate these extremely heavy, large vehicles.

Negligent hiring practices can lead to devastating truck accidents. The Queens truck accident lawyers of Oresky & Associates, PLLC, understand the consequences of negligent hiring. We have been fighting for the rights of accident victims for over 30 years.

Contact our law firm at 718-993-9999 to schedule a free consultation with one of our Queens truck accident attorneys. Our firm has the resources to fight commercial trucking companies and their insurance providers.

How Our Queens Truck Accident Lawyers Can Help You After an Incident

Truck accident cases are complicated injury claims in Queens, New York. Negligent hiring is only one factor that can contribute to the cause of truck accidents. You need an experienced Queens truck accident lawyer to investigate the cause of the truck crash and gather evidence to prove that the trucking company is responsible for your damages.

We believe you deserve to be compensated for your injuries and losses. Since 1992, our law firm has recovered over $400 million in jury verdicts and settlements for our clients. Our legal team pursues all avenues of compensation to recover the maximum value for your truck accident claim.

When you hire our award-winning legal team, you can expect us to:

• Investigate the truck accident to gather and preserve evidence
• Identify each party liable for damages
• Obtain the results of state and federal truck accident investigations
• File insurance claims and handle all matters directly with the insurance company
• Document your injuries and damages by working with you, your physicians, medical experts, and financial professionals
• Calculate the correct value for your damages and aggressively negotiate for that amount
• Monitor filing deadlines for claims and lawsuits
• File a truck accident lawsuit and advocate for you in court if the responsible parties refuse to agree to a reasonable settlement

You should not try to fight the trucking company and insurance provider alone. They have unlimited resources to argue claims. Let us handle the legal battle for you.

Call now for a free consultation with one of our truck accident lawyers in Queens.

Rules for Hiring Practices Used by Trucking Companies

The Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT) have rules and regulations governing commercial truck driver hiring processes. Before allowing a person to operate a commercial truck, employers must conduct thorough background checks.

Motor carriers must maintain driver qualification files for each truck driver. The files must include:

• The driver’s employment application
• A copy of the person’s driving record
• Certificate of driver’s road test
• Records related to the annual review of the driving record
• Medical examiner’s certificate
• Skill Performance Evaluation Certificate

Background checks ensure that commercial drivers are qualified to operate trucks safely. Trucking companies that fail to complete thorough background checks before hiring truck drivers could be guilty of negligent hiring practices.

What Is Negligent Hiring in the Trucking Industry?

Before hiring a truck driver, the company must verify the driver is qualified to operate a commercial truck. In addition to verifying the driver has a valid commercial driver’s license (CDL), the trucking company must also check the applicant’s driving history, safety violations, medical records, and substance abuse records.

The FMCSA’s Pre-Employment Screening Program helps trucking companies access much of this information. However, it is the employer’s responsibility to ensure it has all information and documentation required by law before hiring a truck driver. The employer must also ensure the truck driver meets each qualification to drive a truck.

Negligent hiring occurs when an employer’s lack of care and breach of duty contributes to the cause of a truck crash. Examples of a trucking company failing to use reasonable care when hiring a truck driver include, but are not limited to:

• Failing to conduct a thorough background check before hiring a driver
• Failing to perform required drug and alcohol testing
• Ignoring a history of reckless driving, serious crashes, substance abuse, or regulation and safety violations
• Not checking for a current and valid commercial driver’s license
• Failing to obtain the required medical certification
• Hiring someone who has a disqualifying medical condition

In addition to the pre-employment screening, negligent retention and supervision can contribute to a truck accident.

Trucking companies have a duty to routinely review log books, driving records, and medical records for their employees to ensure continued compliance with requirements for driving a truck. Ignoring signs of reckless behavior, substance abuse, or violations of DOT or FMCSA regulations could contribute to the cause of a truck accident.

Compensation for Negligent Hiring Truck Accidents in Queens

Trucking companies can be vicariously liable for the conduct of their truck drivers. When the trucking company was negligent in hiring, supervising, and retaining a truck driver, the company could have liability for accidents caused by the truck driver.

A truck accident claim can include compensation for economic damages and non-economic damages. Examples of damages caused by a truck crash include:

• Medical bills and expenses
• Long-term personal and/or nursing care
• Physical pain and suffering
• Loss of income and benefits
• Mental and emotional distress
• Loss of enjoyment of life
• Diminished earning capacity
• Scarring, impairments, disability, and disfigurement
• Decrease in quality of life
• Out-of-pocket expenses

We fight to hold each party responsible for the truck accident liable for your damages. If a trucking company is guilty of negligent hiring or other wrongdoing, we pursue those claims and all claims against the truck driver for causing the crash.

Schedule a Free Consultation With Our Queens Truck Accident Lawyers

We are here to help you. Contact us to schedule a free case evaluation with one of our Queens truck accident attorneys. Let us help you get justice for a tragic car accident that was not your fault but has caused immense pain and suffering and tremendous financial loss.