Most people in San Diego think of a truck accident case as one focused on the driver’s activity in the moments before the crash. There can be issues like the driver dozing off a little, violations of traffic signals, and lane deviations.
However, veteran lawyers handling these cases also look into a different aspect. Sometimes there are lapses in checking the credentials of hired drivers. That can affect the liability in ways few can imagine. Expert San Diego commercial truck accident lawyers know how to handle such complex cases.
What are the different legal theories?
A standard truck accident claim is based on ordinary negligence. The driver had to drive safely, breached that duty, and caused an injury. This becomes a liability of the concerned truck driver.
Negligent hiring is a separate thing, and the company becomes responsible in the legal context. In it, the focus is on the negligence of the company hiring the driver. However, depending on the circumstances, there may be claims of shared liability.
A closer look at the hiring negligence factor
Federal trucking regulations require companies to check a driver’s history before hiring them. This is often major proof in these cases. Let us analyze things happening behind the scenes.
A DOT background check that was either skipped, rushed, or incomplete is a major factor. If the company chooses a driver with a documented pattern of violations, including speeding and DUI, it can work against the driver.
In rare cases, drivers fail to complete the required safety training. If the company hushes it up, it can become a major liability.
The outcome of proven driver hiring negligence
If the lawyer finds that a trucking company violated driver background-checking requirements when hiring, they can take appropriate steps.
- They may analyze the company’s internal hiring file, not just the crash report.
- If the same company has hired multiple drivers with troubling records, that becomes strong evidence against it.
- Once the guilt is proven, that will raise the reimbursement amount.
What to do after you end up in a truck accident?
After you meet a truck accident, try to gather as much data as you can. The driver’s personal history matters just as much as the crash itself. Look for records of previous violations, license status, and employment gaps, etc.
Keep in mind the truck company hiring records don’t preserve themselves! Your lawyer can certainly ask the company to preserve personnel files, training records, and hiring documentation. These will help them build a case more easily and reduce processing delays.
This kind of claim takes more work on the part of the law firm. However, experienced attorneys at firms like hhjtrialattorneys.com know how to handle such cases.
Summing it up
You need to check the driver’s records. Looking for past violation records will work in your favor. When you interact with the expert lawyer, make sure you explain the entire scenario and answer all his questions diligently. This will help the lawyer prepare for your case more effectively.
