When you experience a truck-related accident, your entire world is turned upside down. Any type of crash is hard to handle, but trucking accidents often cause more property damage and physical injuries. Many people aren’t financially prepared to deal with a minor injury let alone the major consequences of such a collision.
If you’re injured and trying to manage the emotional and financial ramifications of a trucking accident, it may be time to call a Chicago trucking accident attorney. An experienced lawyer can help you gain compensation for your vehicle, injuries, lost wages, and much more.
Who was at Fault for the Accident?
If you didn’t cause the trucking accident, you likely assume you need to file a lawsuit against the driver. However, you may need to look further than the driver to prove fault for the collision. While the trucker might have been negligent in some way, the trucking company could also be at fault for your injuries. Under the law, businesses can be held legally and financially responsible for hiring and keeping employees they knew or should have known could injure people like you.
What is Negligent Hiring?
Companies have a duty of reasonable care when they hire drivers. This means they need to do their homework in bringing on new people to ensure drivers are properly educated and fit to perform their duties. Poor hiring practices can include not performing background checks on applicants, not inquiring into their driving and accident histories, and not confirming their education and training.
While the trucking company is responsible for the driver’s actions while he or she is at work, claiming negligent hiring directly sues the company for its own actions. By proving a company negligently hired a driver, you show that the company should have been aware or was aware that the driver was not qualified for the job, which could harm others in the future.
Negligent Retention of Poor Drivers Also an Issue
The company’s actions at the time of hiring the driver aren’t the only important factors in this situation. Even if a business was compliant in its duty of care when hiring, it could be negligent when it comes to continuing to employee a poor performing trucker.
A driver may have been qualified and had a good driving history at the time he or she was hired. However, if the driver hasn’t properly performed his or her duties or has been involved in accidents since, it may be dangerous for the company to continue to employee the driver.
If the trucking company kept a driver it should have known could cause injury to others while on the road, you may be able to prove negligent retention.
Information You Need to Prove Negligent Hiring or Retention
A case in which you need to prove both the fault of the driver and the fault of the company in hiring or keeping the driver is complicated. You’ll need to gather a great deal of evidence to show the court how the defendants’ actions caused your injuries. Taking on that task alone can add more stress to your already busy life. Just consider a small amount of the questions you’ll need answered:
- What was the company’s hiring process?
- Did the company conduct a background check?
- Did the company contact the driver’s references?
- Had the driver been in previous trucking accidents?
- Was there adequate driver training?
- Did the company conduct drug testing?
- Had there been any consumer or coworker complaints against the driver?
- Did the company sanction the driver in any way?
Instead of facing the intricacies of the law alone, you can work with an experienced Chicago trucking accident lawyer. By partnering with someone who has knowledge of these types of cases, you gain the know-how you need to gather evidence and then present it to the court in the best way possible.
Contact a Chicago Truck Accident Lawyer Today
Bringing a lawsuit against a person or business is a tough decision. It can be confusing to determine who to sue, where to file the suit, and how much compensation to request. An attorney can help you make these decisions, and if you choose to move forward with a lawsuit, will guide you through the entire process. Instead of taking on the stress yourself, your commercial truck accident lawyers will work to relieve some of the burden while seeking compensation to get you back on your feet. Staver Accident Injury Lawyers, P.C. has experience helping people who were hurt in trucking accidents recover. Contact them today at (312) 236-2900 to learn how they can assist you in your case.