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Auto Accident 11.05.2021

Is The Trucking Company Liable For My Injury Accident?

 The motor carrier who is usually the trucking company may be liable for independent acts of negligence as well as those of its employees for such things as negligent hiring, supervision, and entrustment. In order to establish a prima fascia case of negligent hiring, these elements must be established:

  • An employment relationship between the truck driver and motor carrier caused the harm to the plaintiff;
  • The truck driver employee was incompetent or unfit to perform the work required;
  • The truck company employer breached its duty to properly screen or otherwise take reasonable care in hiring the employee;
  • The truck driver employee’s negligent act or omission caused the plaintiff’s injuries; and
  • The truck company employer’s negligent act or omission in hiring the employee was a proximate cause of the victim’s injury

A cause of negligent retention focuses on the motor carrier’s actual knowledge of the employee’s incompetence after the employee has been hired. The federal motor carrier safety regulations section 383.31 and 383.51 govern the truck driver’s disqualifications and the responsibilities of motor carriers who employ or continue to employ disqualified drivers. Section 391.25 requires an annual inquiry and review of the driver’s driving record.

Similar to negligent hiring and retention, negligent entrustment focuses on the employer’s negligence in entrusting a commercial vehicle to an incompetent driver. In order to prove that the driver may not have been qualified to drive the truck, your attorney would do the following:

  • Determine how the trucking company screened the driver’s application;
  • Obtain a list of the hiring criteria used by the trucking company to determine how the trucker applicant was properly qualified for the driving position; and
  • Confirm the applicant’s references and driving history for accuracy

If it can be shown that these things were not completed, it could be demonstrated that the truck driver should not have been hired. If you need help with your trucking accident injury claim contact our experienced law firm to give you answers to all of your questions for free in our initial private free consultation meeting with one of our lawyers.

Let Our Expert Trucking Accident Lawyers Take On The Trucking Company For You

If you have been injured in a trucking company large heavy 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 best rated truck accident attorneys on your side. We will pay all costs and our law firm only gets paid if you get compensation for your injury claim.

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 trucking company big truck accident lawyer in Michigan. We give you the no win, no fee guarantee.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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