Sometimes, trucking companies are negligent in hiring truck drivers that have an atrocious driving safety record. In other cases, the commercial truck driver has lied on his employment application that was never verified by the trucking company.
If you or a loved one has been involved in a tractor-trailer rollover or other truck injury accident, the injury attorneys at the Joseph Dedvukaj Firm in Michigan, can help you pursue justice and accountability against those liable for the accident, including the trucking company that put profits before the safety of those on the road.
Michigan State law and federal motor carrier safety regulations set minimum safety standard for the safe operation of commercial vehicles and try to minimize the frequency of catastrophic large truck crashes by requiring appropriate licensure, driver education, driver medical certification, drug testing, and other documentation for commercial truck drivers. When a trucking company is careless or negligent in hiring a truck driver who does not met the minimum requirements, or fails to verify a driver’s qualifications, the trucking company can be held responsible for allowing a dangerous commercial truck driver behind the wheel of an 18-wheel big rig.
Our truck accident attorneys will hold trucking companies responsible for their careless or negligent hiring practices such as:
Trucking companies can be held accountable for other truck driver negligence:
Our law firm focuses on providing high quality, skilled legal services to the victims of catastrophic truck accidents and the families of fatal truck accident victims. Our attorneys provide compassionate help to each client with the attentive, personal guidance he or she deserves while devoting the resources necessary to fully develop the case. We have a history of securing great results in cases involving permanent disability or wrongful death as a testament to our dedication and determination to fight for the compensation you deserve.
In a truck driving negligent hiring claim, the specific elements you need to prove depend on the circumstances but generally speaking, the you must prove that:
-> The trucking company employer knew or should have known that the truck driver’s conduct would expose the driving public to an unreasonable risk of harm, and
-> Your injuries resulted from the general type of danger that was foreseeable.
How Can I Prove Negligent Hiring?
In a negligent hiring claim, you would look to find several pieces of evidence that can be used to support a negligent hiring claim. Our law firm truck accident lawyers will often use the following in negligent hiring case:
-> Obtain copies of medical records before the trucking accident to see truckers health condition.
-> Obtain copies of convictions for all prior felonies, misdemeanors, or other crimes from the courts in the county where the truck driver lives.
-> Obtain copies of all incident reports, arrest records, charges, and other investigative documents from the truck driver’s local police department.
-> Obtain prior safety violations under the Federal Motor Carrier Safety Regulations (FMCSA) from the appropriate compliance division.
-> Obtain a copy of the truck driver’s Motor Vehicle Record (MVR).
-> Obtain the truck driver’s qualifications and personnel file from all prior employers listed on the driver’s applications.
-> Take the sworn deposition of an personnel employee at the defendant trucking company to learn about what type of background check trucking company did or did not do.
FMCSRs require all trucking companies by law to look at the driver’s history to protect the motoring public.The trucking companies must request:
-> Obtain personal information from previous trucking company or motor carrier regulated employers for the preceding 3 years.
-> Obtain a motor vehicle record of the new truck driver applicant from every state they held a permit for the previous 3 years.
-> Look at the drug testing history of the truck driver over the 3 years before the accident.
-> Continue to review the driver’s motor vehicle record every year.
If a trucking company fails to adequately look at the truck driver’s driving history or medical condition, the trucking company or motor carrier may face federal penalty. In addition, the evidence we find can be used to support a negligent hiring claim against the trucking company.
Immediately after you suffer physical injuries in a truck accident, we highly recommend that you should hire an experienced trucking accident lawyer to ensure you get the past and future damages compensation you deserve.
In a negligent hiring case, your lawyer has the power to issue subpoenas to gather records that help prove your case related to the truck driver’s background and the trucking company’s internal hiring practices. The attorney can also take the deposition of trucking company safety employees and the truck driver to find out specifically what information was provided during the application process and requested during the background check.
For a free consultation to assess the facts of your trucking accident case, let us represent your interests effectively in a big truck injury accident case.
If you have been devastated by a negligent truck driver, you are entitled to injury compensation for your damages and losses. Our truck accident lawyers can use our skill, experience, and knowledge of the law to your specific situation and fight relentlessly to ensure your family is does not suffer the permanent financial consequences of a serious brain injury, spinal cord injury or other disability. However, if your family member has been killed in a fatal tractor trailer rollover or large truck crash, we can use the same experience, compassion, and diligence to help your family recover compensation for their losses.
If you or a family member suffered any serious injuries in a heavy truck accident crash that may have been caused by truck driver or trucking company, contact our Michigan trucking accident lawyers for a free case evaluation. If you have a workable case, we can move quickly to secure evidence from the accident, identify the responsible parties, and start to calculate the compensation you are owed.
If you have been injured in a big truck accident in Michigan, contact Joseph Dedvukaj today. We have 30 years of experience fighting aggressively for truck accident claims on a contingency fee basis. Remember, you pay nothing out of pocket, and get the same top truck accident attorneys on your side. We will pay all costs and our law firm only gets paid if you win.
Call 248-352-2110 or toll free at 1-866-447-3563 or complete our Contact Form to schedule a free no obligation consultation with a big truck accident lawyer in Michigan. We give you the no win, no fee guarantee.