Could Negligent Hiring or Training Play a Part in an Accident?
U.S. roadways are loaded with all manner of commercial vehicles. With rare exception, the most lethal vehicles with which passenger vehicles could get into an accident are predominantly those for commercial use: think of semi-trucks, gas tankers, or coach buses. All drivers must be able to rely on the companies hiring the drivers of these large and potentially-dangerous vehicles to make their hiring choices carefully, and to make sure their drivers remain safe and responsible employees. Failing to exercise the utmost care when selecting and training commercial drivers could result in injury to others, and additional liability for the employer.
Employers in all fields can have a legal duty to hire employees responsibly. If a New Jersey teacher or preschool worker is found to have a criminal history involving children, for example, this could put students at risk of harm, and the school is obligated to take all reasonable steps to learn about such a past for the sake of the students. Likewise, transportation and shipping companies have a duty to conduct thorough background checks before hiring a driver. If an individual with a history of arrest for driving under the influence, or who was found by their employer to be intoxicated in the past, is nevertheless allowed to continue driving a large and dangerous vehicle for that company, other drivers’ lives could be at risk. Responsible companies will ensure that their drivers are substance-free when on the job by conducting regular drug testing and carefully supervising their drivers. Records that these companies are required to keep by the Federal Motor Carrier Safety Administration (FMCSA) can shed light on when the driver was last tested for substance use, whether the test was random or suspicion-based, and whether the driver refused to take such a test when asked. Additionally, companies must retain records from medical screenings, which could show neurological or visual impairments that could make a driver unsafe.
In addition to hiring only safe and responsible drivers, employers have a duty to ensure that their drivers are adequately trained and comply with state licensing requirements. The FMCSA requires that employers retain all records of moving violations and accidents, as well as results from safety performance evaluations, for all of their drivers. If a driver has shown unsafe tendencies, and the employer has failed to intervene in the form of additional training or other discipline, this could subject the employer to additional liability.
If you or someone you love have been hurt in an accident with a commercial vehicle in New Jersey, contact the skilled and experienced Wayne personal injury attorneys at Massood Law Group for a free consultation on your claims, at 888-4MB-HURT.
