If you’re injured in an accident involving a commercial truck, you have legal rights, and this includes the right to file a personal injury claim. Depending on the accident’s cause, you may also have grounds for a negligent hiring claim.
But what is negligent hiring, and how can it impact your accident claim? We’ll take a look at the steps for a negligent hiring injury claim and a few examples so you can better determine if it applies to your truck accident case.
What Is Negligent Hiring?
Negligent hiring claims can be brought against a trucking company when it fails to properly screen drivers. You should also know negligent hiring claims aren’t limited to trucking companies. You can file a claim against any business if they didn’t perform due diligence before hiring personnel.
Due diligence can be anything from running a background check to ensuring the individual has the proper licensing. For truck drivers, this typically means holding a valid CDL.
An example of when you may be able to file a negligent hiring claim is if an employee assaults a customer while on the job. The customer can file a negligent hiring claim against the business if they can show the employer didn’t properly vet the employee. Maybe the employee has a previous assault charge on their record. This is information the employer would’ve known if they’d performed a background check.
If an unlicensed truck driver causes a vehicle accident. The trucking company may be guilty of negligent hiring if they didn’t check the status of the driver’s CDL.
How to Prove a Negligent Hiring Claim
Even though negligent hiring laws can vary on a state-by-state basis, there are some similarities between them. Most state laws, including Texas, require plaintiffs to meet the elements of negligent hiring.
If you’re familiar with the four elements of negligence used to prove personal injury claims, you’re off to a good start. The elements of negligent hiring are basically the same. If you’re not familiar with the elements of negligence, here’s a quick look at what you need to prove.
The Business Has a Duty of Care
All businesses with employees, which can include volunteers, have a duty to hire staff that’s capable of performing their duties without endangering others. For truck drivers, this means safely operating the vehicle. Truck drivers are also required to follow all road laws at local, state, and federal levels.
The duty of care also extends to training and supervision. Organizations must ensure all staff are adequately trained. Companies also can’t leave employees unsupervised. This doesn’t mean having a supervisor standing close by at all times, but management does have a duty to know what their staff is doing while on the clock.
A Business Breaches Its Duty of Care
A company breaches its duty when it fails to hire individuals capable of safely performing the job. A breach of duty can also occur if a business fails to perform background or licensing checks.
The Breach of Duty Results in Injuries
If you prove that a business has a duty of care and breached this requirement, you’re well on your way to proving negligence. For this element, you must show the breach of duty is responsible for your injuries and any other damages.
For example, if a trucking company fails to check the status of an employee’s CDL and sends them out on the road. If the trucking company had taken the time to verify the driver’s CDL, the individual wouldn’t have been behind the wheel, which means your accident wouldn’t have occurred.
Recovering Damages in a Negligent Hiring Claim
After showing the business is negligent in its hiring practices, you can file a claim for damages, which is allowed under Texas law. However, it also doesn’t mean you automatically receive a settlement check—you still have a few more steps to go.
Calculating Damages
Before you can submit a negligent hiring claim, you need to know what your damages are. In other words, you can’t just ask for a specific amount and expect the insurance company to send you a check.
Your damages can include things like your medical expenses and property repair/replacement costs. If your injuries result in you missing work, you can also claim lost wages. Damages in a negligent hiring claim aren’t limited to economic ones. You can also claim non-economic damages, which typically include things like mental anguish and suffering.
When it comes to calculating your damages, it’s best to work with an accident attorney. Your attorney can help you determine your damages and prove your negligent hiring claim.
