Trucking Accident Due To Failure To Properly Train Or Give Hiring Background Check

The large size of trucks can cause significant damage during an accident. Consequently, trucking companies have both ethical and legal responsibilities to implement critical safety measures to protect others on the road. However, these companies do not always maintain these standards. When trucking companies do not conduct a proper hiring background check or fail to provide adequate training, they put others at unnecessary risk and potential harm. If you have been harmed in a trucking accident and want to explore your legal options, contact the Louisiana Law Lady at (504) 470-3511 to learn more.

Typical Forms of Negligence in Trucking Companies

Trucking companies are tasked with the responsibility of ensuring that their vehicles and drivers operate safely and efficiently. This responsibility is governed by a framework of federal and state regulations, primarily enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations set forth guidelines related to vehicle maintenance, driver training, hours of service, and overall safety practices. Despite these stringent standards, some trucking companies choose to prioritize profits over safety, resulting in hazardous conditions on the roads. Below are several common forms of negligence that can arise within the industry: 

Poor Hiring Practices

Trucking companies must conduct thorough background checks and evaluations before hiring drivers. Negligent hiring practices can involve hiring individuals with questionable driving records, a history of substance abuse, or inadequate experience. Such oversight can compromise road safety, as improperly vetted drivers may lack the skills to operate large commercial vehicles safely. 

Insufficient Driver Training

Training programs are crucial for equipping drivers with safe driving practices and regulations. Inadequate training leaves drivers unprepared for challenging situations on the road, including poor weather and heavy traffic. This oversight limits their capacity to react appropriately to emergencies, raising the risk of accidents.

Inadequate Vehicle Maintenance

Regular maintenance is necessary for the safe operation of commercial trucks. Negligence in this area may involve failing to perform routine checks on important components such as brakes, tires, lights, and engine systems. As a result, poorly maintained vehicles can suffer from mechanical failures that significantly increase the risk of accidents. 

Hours-of-Service Violations

Federal regulations set strict limits on how many consecutive hours a driver can operate a commercial vehicle without adequate breaks. When companies ignore these rules, they may pressure drivers to exceed legal working hours, resulting in driver fatigue and reduced judgment. 

The Negligent Hiring and Training Claim

Louisiana has seen important changes in the legal system for holding employers liable for their employees’ actions. Previously, injured parties could only file claims against employers under the principle of “vicarious liability,” which holds employers accountable for their employees’ actions performed within the scope of their job. This constraint has historically prevented injured individuals from uncovering information regarding the employer’s hiring, training, and supervision methods. However, a landmark ruling from the Louisiana Supreme Court has reshaped this landscape. 

The “Martin v. Thomas” Ruling

In the case of Martin v. Thomas et al., 21-1490 (La. 12/21/21), 328 So.3d 1164, the court determined that employers can now be held liable not just for the negligent actions of their employees but also for their own negligence in the hiring and training processes. This liability arises when an employee’s conduct causes harm that could have been prevented if the employer had adequately screened or trained the employee. The court specified that if an employer knew or should have known that an employee was a potential threat to others, the employer could be liable for any resulting injuries under the theory of negligent hiring. This concept emphasizes the employer’s duty to perform due diligence before bringing someone into a position that involves trust and responsibility. 

Reasonable Background Checks and Appropriate Training

Louisiana laws protect employers from negligent hiring lawsuits if they conduct a reasonable background check and could not foresee any resulting harm based on the findings. The extent, thoroughness, and relevance of the background check will play a vital role in determining the employer’s potential liability. Moreover, before placing an employee in a position with potential safety hazards, employers must ensure that the individual has received proper training. This training should encompass not just the essential job skills but also a thorough understanding of workplace safety protocols and responsibilities.

To learn more about trucking accidents caused by inadequate hiring background checks, reach out to the Louisiana Law Lady today. Our experienced Louisiana truck accident attorney can review your questions and concerns and help you understand the legal options you may have.

Possible Damages in a Negligent Hiring and Training Claim

In Louisiana, if an individual pursues a personal injury case due to negligent hiring and training, they may be eligible to recover two main types of damages: economic and non-economic. Under specific circumstances, punitive damages may also be awarded. 

Economic Damages

Economic Damages are designed to compensate victims for their quantifiable financial losses directly linked to the injury. These can include: 

• Current and Future Medical Expenses: This includes costs for hospital stays, surgeries, rehabilitation, medication, and any ongoing treatments that may be necessary for recovery. 
• Current and Future Lost Wages: Individuals may claim lost earnings if their injury prevents them from working. This includes both past wages lost during recovery and future earning potential.
• Property Damages: Individuals may recover the repair or replacement costs if any personal property was damaged due to the incident. 
• Other Out-of-Pocket Expenses: This may cover transportation costs for medical appointments, home modifications needed due to the injury, or any other expenses incurred because of the injuries sustained. 

Non-Economic Damages

Non-economic damages pertain to the nonphysical losses that, while difficult to quantify, hold substantial importance. They may include: 

• Pain and Suffering: This refers to the physical pain and discomfort experienced as a result of the injury. 
• Emotional and Mental Distress: Victims may experience anxiety, depression, or PTSD due to the incident and its aftermath. 
• Loss of Enjoyment of Life: This damage addresses how the injury has affected a person’s ability to engage in activities they once enjoyed, impacting their overall quality of life. 
• Loss of Consortium: This compensates for the impact of a person’s injury on their relationships with family members and loved ones. 

Punitive Damages

Although not frequently issued, punitive damages are granted in situations where the defendant’s behavior is especially reckless or outrageous. Their purpose is to punish the offender and act as a deterrent against similar conduct in the future, rather than to directly compensate the victim for their injuries.  Punitive damages are extremely limited in Louisiana.  In the context of truck accidents, they typically only arise when a truck driver is driving under the influence.

Contact the Louisiana Law Lady Today

Negligence by trucking companies can significantly impact road safety, often placing a financial burden on innocent victims of preventable accidents. If you were harmed in a trucking accident because the trucking company failed to provide proper training or conduct a detailed hiring background check, contact the Louisiana Law Lady today by calling us at (504) 470-3511.